DeVona v. Zeitels, No. 18-1210 (Fed. Cir. Mar. 18, 2019)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Plaintiff-appellant Mr. Dennis DeVona sued Defend- ant-appellee Dr. Steven Zeitels for breach of an alleged partnership agreement and breach of fiduciary duty. At trial, the jury returned a verdict in Mr. DeVona’s favor. Af- ter reviewing the evidence presented at trial, however, the U.S. District Court for the District of Massachusetts granted Dr. Zeitels’s motion for judgment as a matter of law (“JMOL”). The district court determined that no rea- sonable jury could have found that a continuing partner- ship existed after May 1999. Mr. DeVona appeals.