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Yazdianpour v. Safeblood Techs., Inc.

United States Court of Appeals, Eighth Circuit

February 27, 2015

Hamid Yazdianpour; Faisal Ali Mousa al Naqbi, Plaintiffs - Appellants
v.
Safeblood Technologies, Inc.; Jim Limbird; Charles Worden, Jr.; Charles Worden, Sr., Defendants - Appellees; Hamid Yazdianpour; Faisal Ali Mousa al Naqbi, Plaintiffs - Appellees
v.
Safeblood Technologies, Inc.; Jim Limbird; Charles Worden, Jr., Defendants, Charles Worden, Sr., Defendant - Appellant; Hamid Yazdianpour; Faisal Ali Mousa al Naqbi, Plaintiffs - Appellees
v.
Safeblood Technologies, Inc.; Jim Limbird; Charles Worden, Jr., Defendants - Appellants, Charles Worden, Sr., Defendant

Submitted December 9, 2014

Page 531

[Copyrighted Material Omitted]

Page 532

[Copyrighted Material Omitted]

Page 533

Appeals from United States District Court for the Eastern District of Arkansas - Little Rock.

For Hamid Yazdianpour, Faisal Ali Mousa Al Naqbi, Plaintiffs - Appellants (13-3586): Genoveva Gilbert, Ashley Welch Hudson, David L. Williams, Kutak & Rock, Little Rock, AR.

For Safeblood Technologies, Inc., Jim Limbird, Charles Worden, Jr., Defendants - Appellees (13-3586): Carl F. Cooper III, Thane J. Lawhon, James Calman McCastlain, Thomas Sherman Stone, Dover & Dixon, Little Rock, AR; John D. Pettie, Newport, AR.

For Charles Worden, Sr., Defendant - Appellee (13-3586): Gail Ponder Gaines, Michael E. Hale, M. Evan Stallings, Barber & Mccaskill, Little Rock, AR.

For Hamid Yazdianpour, Faisal Ali Mousa Al Naqbi, Plaintiffs - Appellees (13-3632, 13-3639): Genoveva Gilbert, David L. Williams, Kutak & Rock, Little Rock, AR.

For Charles Worden, Sr., Defendant - Appellant (13-3632): Gail Ponder Gaines, Michael E. Hale, M. Evan Stallings, Barber & Mccaskill, Little Rock, AR.

For Safeblood Technologies, Inc., Jim Limbird, Charles Worden, Jr., Defendants - Appellants (13-3639): Carl F. Cooper III, James Calman McCastlain, Thomas Sherman Stone, Dover & Dixon, Little Rock, AR; John D. Pettie, Newport, AR.

Before WOLLMAN, COLLOTON, and BENTON, Circuit Judges.

OPINION

Page 534

WOLLMAN, Circuit Judge.

Hamid Yazdianpour and Faisal Ali Mousa al Naqbi (Licensees), along with their limited liability company (the LLC), entered into a licensing agreement with Safeblood Technologies, Inc. (Safeblood Tech) for the exclusive rights to market patented technology overseas. Licensees later sued Safeblood Tech for breach of contract. Licensees also brought suit against Safeblood Tech and its officers Charles Worden, Jr. (Worden Jr.), and Jim Limbird (collectively, Safeblood Group) and against patent inventor Charles Worden, Sr. (Worden Sr.), for fraud, constructive fraud, and violations of the Arkansas Deceptive Trade Practices Act (ADTPA), Ark. Code Ann. § § 4-88-101 to -115. The district court dismissed the fraud claims at summary judgment. The remaining claims proceeded to trial and a jury found for Licensees, awarding them $786,000 in contract damages and no damages for violations of the ADTPA. The district court awarded Licensees an additional $144,150.40 in prejudgment interest.

Licensees appeal, arguing that the district court erred in dismissing their fraud claims at summary judgment, that a jury instruction on the ADTPA claim was erroneous, and that the jury returned an inconsistent verdict on the ADTPA claim. Safeblood Group cross-appeals, arguing that Licensees lack standing, that the district court should have granted judgment as a matter of law on the ADTPA claim[1] and the entire case, and that prejudgment interest should not have been awarded. Worden Sr. filed a conditional cross-appeal, arguing that the district court should have granted his motion for judgment as a matter of law on ...


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