Jim Zender, Doing Business as "Z" Tomato Company, Inc. v. Vlasic Foods, Inc.

91 F.3d 158 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jim ZENDER, doing business as "Z" Tomato Company, Inc., Plaintiff-Appellant, v. VLASIC FOODS, INC., Defendant-Appellee. No. 94-56499. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 15, 1995. Decided July 19, 1996. As Amended on Denial of Rehearing Aug. 29, 1996. Before: FLETCHER, CANBY, and HAWKINS, Circuit Judges. 1 MEMORANDUM * 2 Jim Zender, the plaintiff in this diversity case, appeals from decisions of the district court, after the return of a jury verdict in his favor, granting judgment against him as a matter of law on his claims for breach and bad-faith denial of contract and ordering a new trial on his tort claims for intentional interference with economic relationship, intentional misrepresentation, and concealment of material facts. In addition, he appeals from the district court's subsequent grant of summary judgment to the defendant on the tort claims on which a new trial was…