Sharp Structural, Inc. v. Franklin Manufacturing, Inc.

MEMORANDUM *

After a jury verdict in favor of PlaintiffAppellee Sharp Structural, Inc. (“SSI”) against Defendant-Appellant Franklin Manufacturing, Inc. (“Franklin”), in three post-verdict rulings, the district court: (1) denied Franklin’s Federal Rule of Civil Procedure 50(b) motion for judgment as a matter of law (“JMOL”); (2) denied Franklin’s Rule 59(e) motion to alter or amend the judgment; and (3) granted *587 SSI’s Rule 59(e) motion to alter or amend the judgment. Franklin timely appeals the district court’s post-verdict orders. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I.

SSI purchased a plasma punch fabricator (“fabricator” or “machine”) from Franklin for $474,654. 1 The fabricator, however, never functioned properly. A warranty in the sales contract limited SSI’s remedies to repair, replacement, or refund. Franklin attempted to repair the machine, but, when those attempts failed, Franklin did not replace the machine and refused to refund the purchase price. SSI sued Franklin, contending breach of warranty, consumer fraud, and negligent misrepresentation. The jury found for SSI on all counts and awarded $1,230,000 in compensatory damages on the breach…