Stewart

MEMORANDUM *

Christopher Stewart and F. Leith Boggess appeal the district court’s denial of their motion for a post-verdict judgment in an action brought by Metalmark Northwest, LLC and Valley Bronze of Oregon, Inc. (collectively, Metalmark). We affirm.

Metalmark waived any argument that Boggess and Christopher Stewart acted out of improper purpose. Counsel expressly told the jury that “the purpose doesn’t matter” and represented to the district court that Boggess’s and Stewart’s arguments regarding improper purpose were “irrelevant.” See United States v. Bentson, 947 F.2d 1353, 1356 (9th Cir. 1991); cf. United States v. James, 987 F.2d 648, 651 (9th Cir.1993).

However, substantial evidence supports the jury’s verdict that Boggess and Christopher Stewart interfered with Metalmark by improper means. The jury could reasonably conclude that Janelle Stewart had a fiduciary duty not to take Metalmark’s interest in the Capitol Project for herself; that she took the project for herself through meetings with Bill White of Manhattan and by setting up a new partnership involving Highland, Milestone and Superior; that Boggess and Christopher Stewart knowingly and substantially assisted…