163465P.pdf   12/04/2017  Christopher Wright  v.  Byron Financial, LLC
   U.S. Court of Appeals Case No:  16-3465
                          and No:  16-3554
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Arnold, Author, with Loken and Shepherd, Circuit Judges] 
   Civil case - Contracts. Plaintiff did not raise an argument in his 
   pre-verdict motion for judgment as a matter of law that defendant was 
   seeking to recover damages for services that fell beyond the scope of the 
   breach-of-contract claim it pleaded and the matter was not preserved for 
   review; in any event, plaintiff consented to the proposed amendment to the 
   claim under FRCP 15(b)(2) when he did not object to introduction of 
   testimony that he had agreed to extend the terms of his employment to 
   cover defendant's work; plaintiff's claim that the jury's verdict for 
   defendant was the product of passion and prejudice rejected; court did not 
   err in granting remittitur rather than a new trial; however, under the 
   maximum recovery rule, defendant's recovery was limited to $250,720 and 
   the matter is remanded with directions to provide defendant with the 
   option of accepting a remittitur in that amount; should defendant reject 
   the remittitur, the court should vacate its judgment as to damages and 
   order a new trial on the issue.