JSC Neftegas-Impex v. Citibank, N.A.

I join the panel’s opinion except for those portions affirming the judgment notwithstanding the verdict (“JNOV”) on JSCNI’s (1) request for exemplary damages and (2) claims based on the unfair structure of Phase III, specifically, those for conspiracy and knowing participation in breach of fiduciary duty. To the extent that the Court’s judgment is based upon these portions of the opinion, I respectfully dissent.

A. Exemplary Damages

The majority opinion thoroughly discusses the evidence supporting the jury’s *425finding of fraud under the theory that Citibank misrepresented the $550,000⅛ use as a…