S-25-0127 Green Plains Trade Group LLC, et al. (Plaintiff) v. Archer Daniels Midland Company (Defendant)
Certified question from the United States District Court for the Central District of Illinois, Judge Colin S. Bruce
Attorneys: David A. Domina (Domina Law Group PC LLO for Plaintiff), Adam J. Levitt, John E. Tangren, Adam Prom, and Greg G. Gutzler (Pro Hac Vice for Plaintiff), John P. Passarelli and Maggie L. Ebert (Kutak Rock LLP for Defendant), and Stephen V. D’Amore, Scott P. Glauberman, Linda T. Coberly, and Samantha M. Lerner (Pro Hac Vice for Defendant).
Civil: Certified question
Proceedings: Plaintiff alleges that Defendant violated Nebraska law when it tortiously interfered with Plaintiffs’ ethanol contracts by engaging in downward price manipulation of the ethanol market. Plaintiff further argues that pursuant to Restatement (Second) of Torts § 766A, it needs to prove that the performance of the contract became more expensive or burdensome due to Defendant’s tortious interference.
Certified question before the Court: On December 3, 2024, Judge Bruce from the U.S. District Court for the Central District of Illinois certified the following question, “Would the Nebraska Supreme Court adopt § 766A of the Restatement (Second) of Torts in cases concerning tortious interference with a business relationship or expectancy?”