072764P.pdf   08/05/2008  Peter Dunning  v.  Gregory Bush
   U.S. Court of Appeals Case No:  07-2764
   U.S. District Court for the Southern District of Iowa - Davenport   
   [PUBLISHED] [Bright, Author, with Murphy and Benton, Circuit Judges]
   Civil case - contracts. None of the evidence cited by plaintiff in
   support of his common law fraud claims was sufficient to establish that
   defendants intended to deceive him, and the district court did not er in
   granting defendants summary on all of the fraud claims, including
   rescission of the contract based on fraud and the securities fraud claim
   based on the Iowa Uniform Securities Act; however, the district court
   erred in granting defendants' summary judgment on plaintiff's claim of
   breach of fiduciary duty as there was a disputed issue of fact as to
   whether the information defendants withheld was material; district court
   also erred in granting defendants summary judgment on the plaintiff's
   insider trading claim; the court erred in granting defendants summary
   judgment on plaintiff's claim for breach of contract as there was a
   question of whether the redemption of stock satisfied the relevant
   contract provisions; on remand the court should reconsider the question
   of whether a sanction less onerous than striking an expert report was
   appropriate.