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Carlton Energy Group, LLC v. Gene E. Phillips, Individually and D/B/A Phillips Oil Interests

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OPINION

Appellant/cross-appellee, Carlton Energy Group, LLC (“Carlton”), challenges the trial court’s judgment, entered after Carlton accepted the trial court’s suggested remittitur of the jury’s actual damages award in lieu of a new trial,*fn1 in Carlton’s suit against appellees/cross-appellants, Gene E. Phillips, individually and doing business as Phillips Oil Interests L.L.C. (“Phillips”), EurEnergy Resources Corporation, formerly known as EurEnergy Resources LLC (“EurEnergy”), Sytnek West, Inc. (“Syntek”), and CabelTel International Corporation (“CabelTel”) for tortious interference with contract and breach of contract. In three issues, Carlton contends that the trial court erred in “suggesting a remittitur to $31.16 million in actual damages when factually-sufficient evidence supports the jury’s finding of actual damages of $66.5 million or, alternatively at least $38 million”; setting aside the jury’s alter ego findings against Syntek and CabelTel; and not imposing joint and several liability on Phillips for the exemplary damages awarded against EurEnergy “when the jury found Phillips responsible for EurEnergy’s conduct.”

In their cross-appeal, Phillips and EurEnergy, in their first six issues, contend that the evidence is legally and factually insufficient to support the trial court’s award of $31.16 million in actual damages; the jury’s finding that Phillips and EurEnergy tortiously interfered with Carlton’s contract with CBM Energy Limited (“CBM”); the jury’s awards of exemplary damages against Phillips and EurEnergy; the jury’s finding that Phillips breached his contract with Carlton; the jury’s awards of attorney’s fees to Carlton; and the jury’s finding that EurEnergy is Phillips’s alter ego. In their seventh issue, Phillips and EurEnergy contend that the trial court’s “erroneous admission of voluminous, irrelevant evidence about Phillips-related companies was harmful and prejudicial” and requires a new trial.

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