Moore

MEMORANDUM *

Following a jury trial, Charles and Ann Moore were awarded $30,000 for violation *258 of the Washington State Securities Act, $16,706.75 for breach of fiduciary duty, and $75,000 for violation of the Washington State Consumer Protection Act against The Thornwater Company (“Thornwater”) and Jason Meyers, their Thornwater broker. The Moores were also awarded $50,000 against Thornwater for breach of its duty to supervise Meyers.

Thornwater appeals the district court’s denial of its request for a remittitur to zero damages on the failure to supervise claim. Thornwater and Jason Meyers appeal the district court’s denial of their motion for a judgment not withstanding the verdict or a new trial on the claim of fraud under the Washington State Securities Act, RCW 21.20.010. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm the jury award for the failure to supervise claim and remand the Washington State Securities Act claim to the district court for reconsideration in light of Stewart v. Estate of Steiner, 122 Wash. App. 258 , 93 P.3d 919 (2004), review denied 158 Wash.2d 1022 , 108 P.3d 1229 (2005).

I. Jury Award

‘When confronted by seemingly inconsistent…