United States v. Nebraska Beef, Ltd., No. 17-1344 (8th Cir. 2018)
Annotate this CaseThe Eighth Circuit affirmed the district court's grant of summary judgment to the government in an action to enforce a settlement agreement. The court held that OSC's press release stating that its investigation found that Nebraska Beef had engaged in illegal employment practices did not constitute a material breach of the settlement agreement. Therefore, because the government did not fail to fulfill any promise, Nebraska Beef's breach of contract counterclaim failed and the government's claim for enforcement prevailed.
Court Description: Smith, Author, with Beam and Colloton, Circuit Judges] Civil case - Contracts. The press release issued by the government after defendant settled a claim that its documentary practices for job applicants violated the Immigration and Nationality Act did not constitute a material breach of the agreement which would excuse defendant's failure to abide by the terms of the settlement agreement. Judge Beam, dissenting.
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