Fed. Circ. Nixes $82M Nuke Waste Award Against US

Law360, New York (July 23, 2009, 8:09 PM EDT) -- An appeals court has vacated an $82 million judgment in favor of two Progress Energy Inc. units in their case against the U.S. Department of Energy, ruling that the trial court used the wrong model for calculating damages for the government's breach of contract in failing to collect spent nuclear fuel.

The trial court used a damages model that the appellate court had expressly rejected, Judge Randall Rader of the U.S. Court of Appeals for the Federal Circuit wrote in an opinion issued Tuesday.

The U.S....
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