Ebert v. DeJoria, No. 18-10382 (5th Cir. 2019)
Annotate this CaseLSI's bankruptcy trustee filed suit against several of LSI's corporate officers, directors, and investors for breaches of fiduciary duty. At issue was a contract LSI entered into with Jabil Inc., one of LSI's bankruptcy creditors. A jury found appellants liable and assessed compensatory and exemplary damages. The Fifth Circuit held that Appel, Bartlett, and DeJoria were entitled to judgment rendered in their favor: in DeJoria's case because of the lack of proof of a recoverable injury and the corresponding vacatur of exemplary damages; in Appel's case because there was no evidence of individual liability and the corresponding vacatur of exemplary damages; and in Bartlett's case because there was no evidence of individual liability. Accordingly, the court reversed and rendered judgment for these appellants. In regard to Cohen, the court vacated the damages award in part, affirmed in part, and remanded.
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