DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
063335P.pdf 06/04/2008 Craig Outdoor v. Wally Kelly
U.S. Court of Appeals Case No: 06-3335
and No: 06-3337
and No: 06-3339
and No: 06-3341
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Bowman, Author, with Bye and Smith, Circuit Judges]
Civil case - torts Evidence was sufficient to support jury verdict for
plaintiffs on their state law fraud claims; challenges to various evidentiary
rulings rejected; jury instructions on damages were not erroneous; jury
award of damages was supported by the evidence; evidence was sufficient
to support jury verdict for plaintiffs on their claims for tortious
interference with contracts; plaintiffs' verdict on claims for unfair
competition affirmed; award of punitive damages affirmed; district court
did not err in refusing to consider affidavits from jurors explaining their
verdict; district court did not err in rejecting plaintiffs' request to
harmonize the jury's actual damages award on their state-law claims;
district court erred in capping plaintiff Patriot's punitive damages award
at a sum that is insufficient to cover its litigation expenses as expressed
in the contingency-fee agreement; district court did not err in dismissing
plaintiff Masood's RICO and state-law claims for lack of standing;
plaintiffs failed to establish a RICO clam because they did not show that
the alleged association-in-fact enterprises shared a common purpose;
plaintiffs failed to show that defendants Kelly and Gustin committed
RICO violations, and the verdict in plaintiffs' favor on these claims is
reversed; attorneys' fees issues remanded for further consideration.