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Bart Fanelli v. BMC Software, Inc.
686 F. App'x 666
| 11th Cir. | 2017
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Docket

*1 Before WILSON, and JULIE CARNES Circuit Judges, and TREADWELL, [*] District Judge

*2 Case: 15-14431 Date Filed: 04/20/2017 Page: 2 of 2 PER CURIAM:

We have considered all of BMC’s specifications of error. We have reviewed the following under an abuse of discretion standard:

1. Whether the district court erred in allowing the jury to find that BMC

owed a duty to Fanelli? 2. Whether the district court erred in allowing the jury to find that BMC

was the proximate cause of harm to Fanelli? 3. Whether the district court erred by not setting aside the award for

damages to reputation? 4. Whether the district court erred by excluding evidence as to Fanelli’s

post-BMC earnings? 5. Whether the district court erred in declining to overrule the jury’s

finding that BMC acted in bad faith under O.C.G.A. § 13-6-11? 6. Whether the district court erred in granting Fanelli’s motion for

attorney’s fees and costs pursuant to O.C.G.A. § 9-11-68? We have reviewed de novo the following specification of error:

7. Whether the district court erred in denying BMC’s Motion for Judgment

as a Matter of Law on Fanelli’s claim for fraudulent nondisclosure? After careful review of the briefs and the record, and having the benefit of oral argument, we find no reversible error. The decision of the district court is

AFFIRMED.

2

[*] Honorable Marc T. Treadwell, United States District Judge, for the Middle District of Georgia, sitting by designation.

Case Details

Case Name: Bart Fanelli v. BMC Software, Inc.
Court Name: Court of Appeals for the Eleventh Circuit
Date Published: Apr 20, 2017
Citation: 686 F. App'x 666
Docket Number: 15-14431 & 16-12339
Court Abbreviation: 11th Cir.
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