American Midwest, Inc., et al. v. Clapper, et al.
This case arose from the collapse of a real estate transaction. The ART entities filed suit alleging that Clapper defrauded them by representing that "there was no title problems," and seeking a declaratory judgment that they "properly terminated" the deal. The Clapper entities countersued, alleging that the ART entities breached the agreement by purporting to terminate the deal. In this appeal, the court held that the ART entities' decision not to cross-appeal the jury's fraud findings in the first district proceeding prevented them from raising the same rejected fraud claims in the second district court proceeding. Because the contribution amounts overlap, and because the parties neither identified language in the agreement nor an explanation from the district court supporting this double counting of damages, the court held that the district court's decision to combine the amounts was in error. Accordingly, the court vacated the award of combined contribution amounts and remanded for further proceedings. The court addressed remaining claims and affirmed the district court's judgment in all other respects. View "American Midwest, Inc., et al. v. Clapper, et al." on Justia Law