United States Eighth Circuit

In appeals arising following a jury's award in lost profits from defendant for breach of a requirements contract for the sale of carbon fiber, denial of defendant's motion for a new trial and motion for judgment as a matter of law are affirmed over claims that the district court erred: 1) by refusing to allow it to raise two arguments to the jury; 2) in ruling that defendant failed to make a submissible case that SP had abandoned the Supply Agreement; 3) by failing to remedy unfairly prejudicial testimony at trial; and 4) in various respects with regards to damages issues. However, modification of the jury award to reduce it by almost $16 million is affirmed on cross-appeal where the district court properly found the award duplicative.

Appellate Information

• Decided 10/08/2008
• Published 10/08/2008

Judges

• COLLOTON, Circuit Judge., Before COLLOTON and SHEPHERD, Circuit Judges, and ERICKSON, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellees:
  
• Thomas E.L. Dewey, argued, New York, NY, David S. Pegno, New York, NY, and Thomas B. Beaver and James G. Martin, on the brief, St. Louis, MO, for Appellant/Cross-Appellee., Thomas C. Walsh, argued, Louis F. Bonacorsi and James M. Weiss, on the brief, St. Louis, MO, for Appellees/Cross-Appellants.