Legal Opinion

Lewis v. Bank of America NA

Court of Appeals for the Fifth Circuit

Decided September 2, 2003No. 02-10605PublishedCited by 84 opinions

1Opinion of the Court

Opinion by Judge CYNTHIA HOLCOMB HALL; dissent by Judge EMILIO M. GARZA.

CYNTHIA HOLCOMB HALL, Circuit Judge:

Bank of America, formerly known as NationsBank of Texas (“the Bank”), and its former employee, Mark Thomason, appeal a jury verdict holding them jointly liable for fraud and breach of contract and awarding damages of $380,101.75 to Billy Lewis. Lewis cross-appeals, arguing that the jury instructions improperly limited the scope of compensable damages. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we REVERSE.

FACTS

1. Billy Lewis’s Defined, Benefit Plans

Billy Lewis was employed by…

2Cases cited10 opinions

  1. Field v. MansSupreme Court of the United States · 1995
  2. New York State Conference of Blue Cross & Blue Shield Plans v. Travelers InsuranceSupreme Court of the United States · 1995
  3. In Re Firstmerit Bank, N.A.Texas Supreme Court · 2001
  4. Ernst & Young, L.L.P. v. Pacific Mutual Life Insurance Co.Texas Supreme Court · 2001
  5. Delano-Pyle v. Victoria County, TexasCourt of Appeals for the Fifth Circuit · 2002

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3Cited by84 opinions

  1. Mullins v. TestAmerica, Inc.Court of Appeals for the Fifth Circuit · 2009
  2. Jpmorgan Chase Bank, N.A. v. Orca Assets G.P., L. L.C.Texas Supreme Court · 2018
  3. Grant Thornton LLP v. Prospect High Income FundTexas Supreme Court · 2010
  4. N. Cypress Med. Ctr. Operating Co. v. Aetna Life Ins. Co.Court of Appeals for the Fifth Circuit · 2018
  5. Jacked Up, L.L.C. v. Sara Lee CorporationCourt of Appeals for the Fifth Circuit · 2017

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