City Solutions Inc. v. Clear Channel Communications, Inc.

City Solutions, Inc. (“CSI”), a Florida-based company specializing in the modular news rack business, appeals from the judg *837 ment of the district court granting the motion for a judgment as a matter of law (“JMOL”) filed by Eller Media Company (“Eller”), an Arizona-based outdoor advertisement firm. 1 The court set aside the jury’s verdict in favor of CSI on a claim of fraud in which the jury awarded damages in the amount of $9 million. Eller cross appeals from the denial of its motion for JMOL on a claim of unfair competition in which the jury awarded damages in the amount of $800,000, and in the alternative, for a new trial.

We hold that the district court properly denied Eller’s motion for a new trial and its motion for judgment as a matter of law as to the common law unfair competition claim. We also conclude that the district court erred in granting Eller’s motion for judgment as a matter of law on CSI’s fraud claim. CSI also appealed from the order granting summary judgment in favor of Eller on its claims for breach of an oral joint venture agreement and breach of fiduciary duty. We do not reach the merits of these claims, however, because CSI informed the court in a…