Eaton Corp. v. Signal Technology Microwave Products Corp.

MEMORANDUM **

The district court did not err in granting Eaton’s motion for summary judgment on Signal’s fraud claim because Signal failed to present a genuine issue of material fact as to the existence of damages in addition to those recoverable under a breach of contract theory. See e.g., Textron Fin. Corp. v. Nationwide Mut. Ins. Co., 115 Ohio App.3d 137, 151 , 684 N.E.2d 1261, 1271 (1996).

There was substantial evidence to support the jury’s 50-50 apportionment of liability. Pavao v. Pagay, 307 F.3d 915, 918-19 (9th Cir.2002). The jury could have properly given more weight to the findings of the Water Board and the judge in the SRPA action than to Eaton’s expert’s testimony.

We are not persuaded by Signal’s contention that Eaton failed to give notice of the Water Board proceedings. The jury concluded that Eaton provided proper and timely notice to Signal of the environmental clean-up order issued by the California Regional Water Quality Control Board. Because the jury’s finding in this regard is supported by substantial evidence, the district court did not abuse its discretion in denying Signal’s Rule 59 motion for a new trial. See Saman v. Robbins, 173 F.3d 1150 , 1154 n.…