Monday, February 26, 2007

District Court Properly Followed Mandate from Prior Appeal

Designing Health, Inc. v. Erasmus, [06-1244](February 26, 2007)[SCHALL, Michel, Rader] NON-PRECEDENTIAL The Federal Circuit affirmed the trial court's execution of the mandate from the previous appeal.
BRIEF: On the previous appeal the Federal Circuit reversed the denial of JMOL on the grant that the record evidence was insufficient as a matter of law to support the jury's fraud and breach of fiduciary duty damage awards. On remand, the trial court granted Erasmus' renewed motion for JMOL, and denied Designing Health's motion for a new trial on damages. The Federal Circuit found that the trial court complied with the mandate.