DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
031443P.pdf 08/27/2004 Conseco Finance v. North American Mtg.
U.S. Court of Appeals Case No: 03-1443
Eastern District of Missouri
Civil Case - diversity - unfair competition. On review of jury verdict in
unfair competition claim, lead sheets and information contained therein
are trade secrets and removal constituted misappropriation; thus district
court did not err in submitting claim to jury and denying judgment as a
matter of law. Argument that plaintiff did not make a submissible case
for damages because it did not prove net profits was not properly
preserved for appeal. Damage award is supportable by either the unfair
competition or tortious interference claim. As to punitive damages,
conduct was sufficiently reprehensible to support jury award but award
does not comport with due process and must be remitted from $18
million to $7 million. [PUBLISHED] [Smith, Author, with R. Arnold
and M. Arnold, Circuit Judges]