The District Court has now ruled, on remand from the Eighth Circuit, in the ever evolving case of Tussey v. ABB.
Document Excerpt
Having reviewed the trial record and applied the abuse of discretion standard, the Court finds that the Defendants did abuse their discretion. Nonetheless, Plaintiffs have failed to prove damages consistent with the method of damage calculation suggested by the Eighth Circuit. Therefore, judgment is entered in favor of the ABB Defendants on this remaining claim.
Link
http://courtweb.pamd.uscourts.gov/courtwebsearch/mowd/ViLc_15YzY.pdf