- 12 - Petitioners’ alternative argument is without merit. Their characterization of the Court of Appeals’ opinion in Gregg v. U.S. Indus., Inc., supra, is (viewed charitably) inaccurate. After the jury awarded petitioner $8.1 million on his fraudulent inducement cause of action, USI appealed the verdict to the Court of Appeals for the Eleventh Circuit, arguing that the trial court had erred in instructing the jury to measure damages on an “out- of-pocket” rather than a “benefit of the bargain” basis. Id. at 1465. USI argued that, under a “benefit of the bargain” approach, the maximum amount that petitioner could have recovered for the fraud was $5.6 million--or $2.5 million less than the $8.1 million that the jury actually awarded him. The Court of Appeals rejected USI’s argument, however, and held that there was no error in the jury’s use of the out-of-pocket measure of damages. See id. at 1467. In seeking to rely upon Gregg v. U.S. Indus., Inc., supra, petitioners seem to have confused the rejected argument advanced by USI with the holding of the Court of Appeals. In fact, the Court of Appeals’ holding bolsters the view that the fraud damages represented compensation for petitioner’s economic losses rather than for any personal injury. The Court of Appeals stated: The jury assessed the evidence presented regarding the value of Gregg’s companies prior to the closing with USI and awarded Gregg an out-of-pocket amount of damages representing that value less the value of thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011