(Download) "Cosgrove V. Bartolotta" by Seventh Circuit U.S. Court of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: Cosgrove V. Bartolotta
- Author : Seventh Circuit U.S. Court of Appeals
- Release Date : January 22, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
A jury awarded the plaintiff damages of $135,000 in a diversity suit governed by Wisconsin law. The damages were broken down as follows: $117,000 for promissory estoppel, $1,000 for misrepresentation, and $17,000 for unjust enrichment. In response to the defendants' motion under Fed. R. Civ. P. 59(e) to alter or amend the judgment, the Judge rendered judgment for the defendants on the promissory estoppel claim on the ground that the plaintiff had failed to prove reliance; but he let the jury's verdict stand with respect to the other claims. Later he denied the plaintiff's motion for costs, on the ground that the plaintiff had failed to recover the minimum amount in controversy fixed in the diversity statute. 28 U.S.C. sec. 1332(b). Both sides appeal (the plaintiff appeals from the order denying costs as well as from the order amending the judgment). The appeals present issues both of common law and of federal procedure.