Game Tech International v. Trend Gaming, LLC

*738 MEMORANDUM **

In this diversity action, Trend Gaming and Steven W. and Rhonda Hieronymus appeal the district court’s denial of their motion for summary judgment, the district court’s judgment following a jury verdict in favor of GameTech International, the district court’s refusal to reduce the jury’s award to adjust for the attrition rate of charities that used GameTech’s products, and the district court’s refusal to grant defendants judgment as a matter of law on GameTech’s claim for punitive damages. The underlying facts are largely undisputed and are known to the parties. We, therefore, repeat them here only as necessary.

I.

The district court did not err in denying Trend’s summary judgment motion. Generally, we do not review a district court’s denial of summary judgment based on a disputed issue of fact where a full trial was conducted on the merits. Banuelos v. Construction Laborers’ Trust Funds For S. Cal., 382 F.3d 897, 902-03 (9th Cir. 2004). Here, the district court denied Trend’s motion for summary judgment because it found there were genuine issues of material fact regarding intent, which caused the contract to be reasonably susceptible to more than one…