Management & Engineering Technologies International, Inc. v. Information Systems Support, Inc.

MEMORANDUM

Information Systems Support, Inc. (ISS), appeals the judgment entered against it after a jury trial. We affirm in part, vacate in part, and remand for further proceedings. In a cross-appeal, Management and Engineering Technologies International, Inc. (METI), challenges the denial of its motions for exemplary damages and attorney fees. We affirm. Because the parties are familiar with the factual and procedural history of this case, we need not recount it here.

I

We review de novo the district court’s denial of IS S’s motion for judgment as a matter of law. We will uphold the jury’s verdict so long as “there is evidence adequate to support the jury’s conclusion, even if it is also possible to draw a contrary conclusion.” EEOC v. Go Daddy Software, Inc., 581 F.3d 951, 963 (9th Cir. 2009) (internal quotation marks omitted); see also Hangarter v. Provident Life & Accident Ins. Co., 373 F.3d 998, 1005 (9th Cir.2004). A general verdict may stand if the court is “able to construe a general verdict as attributable to a theory submitted to the jury that was viable.” Webb v. Sloan, 330 F.3d 1158, 1166-67 (9th Cir. 2003).

The evidence was sufficient to support METI’s theory…