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| Winston Defeats TransCanada Pipelines on Appeal |
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National Energy & Gas Transmission
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| Winston & Strawn represented USGen New England in a breach of contract action triggered by USGen’s decision to terminate its natural gas transportation contract with TransCanada Pipelines, Ltd. After a trial, a federal bankruptcy court issued a 104-page opinion agreeing that TransCanada should receive only $3.4 million in damages, rather than the $52 million the company sought. The court accepted our theory that TransCanada had resold the pipeline capacity originally reserved by USGen and rejected TransCanada’s argument that its alleged ability to increase pipeline capacity precluded USGen from receiving mitigation credit for resale of the capacity. On appeal, the district court issued a separate 46-page opinion agreeing with our position on the proper damage calculation and affirming the lower court rulings. |
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