Konvitz

Konvitz v. Midland Walwyn Capital, Inc.

Good Law
129 F. App'x 344
United States Court of Appeals for the Ninth CircuitMarch 28, 2005Nos. 03-56505, 03-56626, 03-56627California1,391 words

Opinion

Lead Opinion

MEMORANDUM **

A jury found defendants Denny Matte (“Matte”) and Midland Waylwyn Capital Inc. (“Midland”), hable for fraud and awarded plaintiff Jeffrey Konvitz (“Konvitz”) $215,668.67 in compensatory damages and $4,784,331.33 in punitive damages. On Midland’s motion, the district court reduced the punitive damages to $1,078,343.55. The court also denied Matte’s and Midland’s motions for judgment as a matter of law and Konvitz’s motion for a new trial on compensatory damages. All parties appeal. We have jurisdiction, 28 U.S.C. § 1291 , and we affirm.

1. We review a district court’s determination of personal jurisdiction de novo. See Easter v. Am. W. Fin., 381 F.3d 948 , *346 956 (9th Cir.2004). Once a court holds that the plaintiff has made a- prima facie showing of personal jurisdiction, a plaintiff carries the burden of proving personal jurisdiction by a preponderance of the evidence only if the defendant contests personal jurisdiction at trial. See Peterson v. Highland Music, Inc., 140 F.3d 1313, 1319 (9th Cir.1998). We need not decide whether Matte sufficiently contested personal jurisdiction because the evidence at trial establishes personal jurisdiction by a preponderance…

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