063326P.pdf   09/19/2007  Wayne Schooley  v.  Orkin Exterminating
   U.S. Court of Appeals Case No:  06-3326
                          and No:  06-3486
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED][Bye, Author, with Smith, Circuit Judge, and Nangle,
   District Judge]
   Civil case - Torts. Evidence was sufficient to support jury's verdict for
   plaintiffs on the claim that defendant was liable for fraudulent
   misrepresentation as it had intentionally minimized the termite infestation
   in plaintiffs' home and had consistently overstated its ability to control
   the problem; the district court erred in granting defendant's motion for
   judgment as a matter of law on plaintiffs' claim for punitive damages as
   plaintiffs proved, under Iowa law, that defendant's conduct amounted to a
   willful and wanton disregard for their rights; district court erred in
   granting defendant's motion for a new trial on compensatory damages as
   the court is not required to grant a new trial on compensatory damages
   because evidence of a defendant's net worth is admitted and an award of
   punitive damages is later set aside; here, the amount of the award
   ($138,000) was clearly related to the loss plaintiffs suffered and was
   unaffected by evidence of defendant's worth.