United States Fourth Circuit

In civil case alleging fraud and conspiracy to commit fraud against a bank, $161 million judgment against defendant is affirmed over claims that the court: 1) should have ordered a new trial as it erred in admitting evidence of defendant's earlier indictment on charges unrelated to conduct alleged in this civil action; 2) made a remark during trial that was incurably prejudicial; 3) should have awarded defendant judgment as a matter of law; and 4) should have ordered a new trial or a remittitur as the jury's damage award to the FDIC was against the great weight and preponderance of the evidence.

Appellate Information

• Decided 10/25/2007
• Published 10/25/2007

Judges

• Before MICHAEL and KING, Circuit Judges, and WIDENER, Senior Circuit Judge.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Jeffrey Lee Dorrell, Houston, Texas, for Appellant.   Jaclyn Chait Taner, Federal Deposit Insurance Corporation, Legal Division, Appellate Unit, Arlington, Virginia, for Appellee.   ON BRIEF:  Christopher R. Arthur, Bailey & Wyant, P.L.L.C., Charleston, West Virginia, for Appellant.  John Turner, Mullin, Hoard & Brown, L.L.P., Amarillo, Texas;  Richard J. Osterman, Jr., Assistant General Counsel, Colleen J. Boles, Senior Counsel, Federal Deposit Insurance Corporation, Arlington, Virginia, for Appellee.