123239P.pdf   09/08/2014  Bank of America  v.  JB Hanna
   U.S. Court of Appeals Case No:  12-3239
                          and No:  12-3352
   U.S. District Court for the Western District of Arkansas - Fayetteville   
   [PUBLISHED] [Colloton, Author, with Loken and Bye, Circuit Judges] 
   Civil case - Contracts. Defendant did not waive its right to a jury trial 
   with respect to a 2005 loan agreement, and the district court did not err 
   in submitting the matter to the jury; the plaintiff failed to file a 
   preverdict motion pursuant to Rule 50(a), and the district court properly 
   denied the defendant's Rule 50(b) motion; however, the district court 
   abused its discretion by denying plaintiff's Rule 59 motion for a new 
   trial as the verdict in favor of defendant on plaintiff's claim that 
   defendant breached the loan agreements was against the great weight of the 
   evidence, which showed the contracts were valid and enforceable, that the 
   defendants breached their obligations and that the plaintiff suffered 
   damages as a result of the breach; on defendants' cross-appeal, the 
   district court did not err in granting plaintiff's motion for summary 
   judgment on defendant's counter-claims for fraud, breach of fiduciary 
   duty, deceptive trade practices, negligence because the statute of 
   limitations barred the claims; nor did the court err in granting plaintiff 
   summary judgment on defendant's counterclaims for breach of contract or 
   reformation; the case is remanded for a new trial on plaintiff's breach of 
   contract claim; defendants' attorney's fees award vacated based on the 
   vacation of defendant's judgment on the breach of contract claim.