Eastern Maine Electric Coop case appeal to be heard Dec. 13
The Maine Supreme Court will hear the case of Eastern Maine Electric Cooperative Inc. vs. First Wind Holdings LLC, et al. at 9:50 a.m. on Dec. 13.
First Wind argues that the Superior Court erred in failing to conclude as a matter of law that First Wind cannot be liable for "legitimately negotiating to protect its self-interest and taking diligent steps to attempt to reach a final agreement"; concluding that First Wind breached the preliminary agreement given that there was no evidence that a condition precedent to the agreement that First Wind's lenders would consent to the final agreement had been met; determining that the subsidiary companies of First Wind Holdings can be held liable for the actions of the parent LLC; awarding EMEC damages in excess of the "break fee" contained in the preliminary agreement; and instructing the jury that lost profits are available as damages for a breach of an agreement to negotiate in good faith.
The original case revolved around a breach of a preliminary agreement to negotiate in good faith a final agreement for EMEC to buy one-third of an electricity transmission line.
Maine Supreme Court case number BCD-17-190