United States Second Circuit

Judgment for plaintiff on breach of contract claim, in the form of a stock option agreement, and award of damages, is reversed as the district court erred in: 1) excluding evidence of the value of the stock after a certain date deprived plaintiff of the full benefit of his bargain; 2) refusing to charge the jury with the "knowledgeable investor" instruction requested by plaintiff; and 3) misinforming the jury on the "wrongdoer rule."

Appellate Information

• Argued 10/24/2005
• Decided 09/29/2006
• Published 10/02/2006

Judges

• OAKES, Senior Circuit Judge:, Before: OAKES, POOLER, and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Thomas A. Reed, Boston, MA (Holtz and Reed, LLP;  Frederick R. Kessler, Wollmuth Maher & Deutsch LLP, New York, NY, of counsel), for Plaintiff-Appellant.


• For Appellees:
  
• Kevin T. Rover, Leza M. DiBella, New York, N.Y. (Morgan, Lewis & Bockius LLP, of counsel), for Defendant-Appellee.