Mercer v. Davis & Berryman International, Inc.

CLARK, Circuit Judge:

This appeal results from judgments against Davis & Berryman International, Inc. (“D & B”) and Roy Davis, D & B’s president, in a diversity action brought by Mike Mercer, a British citizen, doing business as Food Projects Consultants (“FPC”). A jury initially awarded Mercer $160,000 plus interest on his breach of contract claim against D & B, and a total of $216,-333 — $75,000 in compensatory damages and $141,333 in punitive damages — on his fraud claim against Davis. The district court, however, deemed the punitive damages award excessive, and conditioned its grant of a…