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.
142174P.pdf 07/07/2015 American Family Mutual Ins. v. Steven G. Graham
U.S. Court of Appeals Case No: 14-2174
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Kelly, Author, with Gruender, Shepherd, Circuit Judges]
Civil case - Contracts. The evidence was sufficient to support the jury
verdict that defendant had violated the provisions of his Agent Agreement
by contacting former customers after plaintiff terminated him and inducing
them to cancel their policies and place their insurance with him;
admission of another agent's testimony that defendant had, in his view,
violated the Agent Agreement was a small portion of his overall testimony
and was not so prejudicial that a new trial would likely produce a
different result; with respect to defendant's counterclaim that his Agent
Agreement had been wrongfully terminated, the district court did not err
in rejecting his proposed instruction on "dishonest," as the court
properly instructed the jury under applicable Wisconsin law; the court did
not err in determining that a provision of the Agent Agreement was a valid
stipulated-damages clause rather than an unenforceable penalty.