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WNIC filed a suit against petitioner and FBC in Federal
District Court for the District of Utah (the District Court). In
turn, petitioner and FBC filed a suit against WNIC and Washington
National Financial Services (WNFS), a related corporation, in the
District Court. For convenience and clarity, WNIC and WNFS will
be collectively referred to as WNIC. In the breach of contract
suit filed by petitioner and FBC against WNIC, tort and tort type
claims were alleged. In response to WNIC's Motion in Limine, the
District Court limited the presentation in the trial to breach of
contract, as explained below. The two cases were consolidated
for trial (the District Court Case).
The jury instructions (Jury Instructions) in the District
Court Case stated that petitioner was suing WNIC for wrongful
termination of his general agency contract. The jury (the Jury)
executed a special verdict form. The Jury found that "just
cause" did not exist for the termination of the Contract and
awarded damages to petitioner in the amount of $159,238 (the Jury
Award). The amount of the Jury Award was the amount that an
economist who testified in the District Court Case calculated
that petitioner would have earned as commissions under the
Contract had the Contract not been terminated by WNIC.
The Judgment does not make any reference to an award based
on a tort or tort type claim. Aside from the $159,238, the
Judgment awarded only amounts of commissions plus interest to
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Last modified: May 25, 2011