Europlast, Limited v. Oak Switch Systems, Incorporated

10 F.3d 1266, 1993 U.S. App. LEXIS 31017, 1993 WL 483611
CourtCourt of Appeals for the Seventh Circuit
DecidedNovember 23, 1993
Docket92-3571
StatusPublished
Cited by61 cases

This text of 10 F.3d 1266 (Europlast, Limited v. Oak Switch Systems, Incorporated) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Europlast, Limited v. Oak Switch Systems, Incorporated, 10 F.3d 1266, 1993 U.S. App. LEXIS 31017, 1993 WL 483611 (7th Cir. 1993).

Opinions

COFFEY, Circuit Judge.

Appellant Oak Switch Systems appeals the district court’s refusal to grant a JNOV or new trial after a jury awarded compensatory and punitive damages on plaintiffs contract and tort claims. We affirm the remitted compensatory damage award but reverse the granting of punitive damages.

I. BACKGROUND

The defendant-appellant, Oak Switch Systems, Inc. (“Oak”), produces and sells computer keyboards and electric switches. Oak’s products are made by injecting plastic into steel molds under high pressure and temperature. Oak owns the steel molds for its plastic parts, but contracts with other companies to inject the plastic into the molds. Oak then assembles the plastic parts into computer keyboards and electric switches.

Oak originally used several manufacturers, including plaintiff-appellee, Europlast, Limited (“EPL”), to produce plastic parts. How[1269]*1269ever, Oak became dissatisfied both with the quality of the plastic parts it was receiving and with the maintenance of its molds. In 1987, Oak decided to consolidate all its business with EPL. The consolidation project took about a year and involved transferring over three hundred molds to EPL.

Early in 1987, Oak made known to EPL that it might be interested in purchasing EPL if the consolidation venture proved successful. The buy-out idea was not actively pursued until early 1988 when Oak requested financial information about EPL and scheduled a meeting for February 23, 1988 to examine EPL’s books, finances and operations. EPL’s co-owner, Harold Zacharias, faxed Oak its “financials” prior to the February 23 meeting. In preparation for the meeting, Oak also obtained a Dunn & Bradstreet financial report on EPL that revealed a tax lien against Apex Mold & Die, another company owned by the same individuals who own EPL and also housed in the same building. Additionally, the report reflected that EPL took an average of fifty days to pay its bills. After reviewing the financial data received prior to the February 23 meeting, Robert Bergslien, Oak’s company controller informed Oak President James Septer that “there’s not much there.”

At the February 23 meeting, Bergslien questioned EPL’s bookkeeper and obtained additional financial data on EPL. Bergslien prepared a report for Oak’s principals dealing with EPL’s financial problems based on the information he had collected. The report concluded that EPL’s net profit margin was low, a mere 4.5 percent, and that its total liabilities were double its total assets.

At some point, and this is the source of contention between the parties, Oak abandoned its interest in purchasing EPL and began to consider the possibility of creating its own plastic molding plant. Oak requested that Lewis Butler, EPL’s national sales manager, generate some figures outlining the start-up costs involved in beginning a plastic molding business. Although Butler was not paid for his services, Oak indicated to Butler that he would “head up” the new Oak plasties division. Butler submitted his report, generated on EPL’s computer, to the president of Oak, James Septer, during a golf outing in Florida. Shortly thereafter, Oak abandoned its idea of starting a plasties molding division, concluding that high start-up costs made it infeasible. In late May 1988, at a golf outing in Wisconsin, Septer advised Butler that Oak intended to withdraw its work from EPL. Septer testified that it was his understanding that Butler would not notify EPL of Oak’s decision, and, in fact, Butler never did communicate this information to EPL’s owners.

On June 9, 1988, Oak terminated EPL as its plastic parts supplier and removed all of its molds from EPL’s factory without prior notice. Thereafter, Oak explained in a letter to EPL that its reason for terminating EPL was that it had found a more acceptable acquisition candidate. However, at trial Sep-ter testified that Oak’s real concern was that EPL was in a precarious financial situation and could go out of business at any time, potentially leaving Oak in the untenable position of possibly not being able to retrieve its molds. Septer stated, at trial that his fear was based upon Butler’s repeated warnings of EPL’s poor financial condition which placed Oak’s molds in jeopardy. Butler denied ever warning Septer about EPL’s financial condition.

EPL sued Oak in federal district court under diversity jurisdiction claiming that Oak breached the parties’ contract, tortiously interfered with EPL’s employment contract with Lewis Butler, and fraudulently misrepresented its intentions to buy out EPL. A jury found in favor of EPL on all counts awarding $200,000 in compensatory damages as well as $300,000 in punitive damages. After trial, Oak moved for JNOV, a new trial, and a remittitur. The trial court denied the motions for JNOV and a new trial, but granted a remittitur reducing the compensatory damages to $162,000 and punitive damages to $75,000.

II. DISCUSSION

On appeal, the defendant asks us to determine whether the trial court’s denial of its motions for JNOV and/or a new trial was proper. We must also evaluate whether the [1270]*1270jury’s award of punitive damages was appropriate in this case and whether the record supports a finding of $162,000 in compensatory damages.

A. Standard, of Review

In this diversity case, we apply the forum state’s standard of review for granting a JNOV motion. Pennsylvania Truck Lines, Inc. v. Solar Equity Corp., 882 F.2d 221, 225 (7th Cir.1989). Under Illinois law, JNOV is proper when “all of the evidence, when viewed in its aspect most favorable to opponent, so overwhelmingly favors movant that no contrary verdict based on that evidence could ever stand.” Pedrick v. Peoria & E. R.R. Co., 37 Ill.2d 494, 229 N.E.2d 504, 513 (1967) accord Trzcinski v. American Cas. Co., 953 F.2d 307 (7th Cir.1992). We review de novo the lower court’s application of Pedrick. Fleming v. County of Kane, 898 F.2d 553, 559 (7th Cir.1990). The defendant faces a very heavy burden on appeal because JNOVs and directed verdicts are proper when there is but a mere scintilla of evidence that supports the non-movant’s allegations, or when there is some evidence supporting the non-movant’s claim which loses its significance when viewed in light of all the evidence. Pennsylvania Truck Lines, 882 F.2d at 225. “It is also settled that the court must resolve conflicts in evidence in favor of the plaintiff, and if it finds any evidence, which if believed, could support a verdict for plaintiff, it is error to direct a verdict for a defendant.” Hicks v. Hendricks, 33 Ill.App.3d 486, 342 N.E.2d 144 (1975).

Our review of the district court’s denial of Oak’s motions for the granting of a new trial is governed by federal law. Trzcinski, 953 F.2d at 315. “A district court may grant a new trial ‘only where the verdict is against the clear weight of the evidence, and we will reverse the district judge’s decision only where there is a clear abuse of discretion.

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10 F.3d 1266, 1993 U.S. App. LEXIS 31017, 1993 WL 483611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/europlast-limited-v-oak-switch-systems-incorporated-ca7-1993.