BOYCE v. SOUNDVIEW TECHNOLOGY GROUP, INC.

Docket No. 05-1685-cv.

464 F.3d 376 (2006)

Mark BOYCE, Plaintiff-Appellant, v. SOUNDVIEW TECHNOLOGY GROUP, INC. (formerly known as Wit Capital Group, Inc.), Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 29, 2006.


Attorney(s) appearing for the Case

Thomas A. Reed, Boston, MA (Holtz and Reed, LLP; Frederick R. Kessler, Wollmuth Maher & Deutsch LLP, New York, NY, of counsel), for Plaintiff-Appellant.

Kevin T. Rover, Leza M. DiBella, New York, N.Y. (Morgan, Lewis & Bockius LLP, of counsel), for Defendant-Appellee.

Before: OAKES, POOLER, and SOTOMAYOR, Circuit Judges.


OAKES, Senior Circuit Judge:

Appellant Mark Boyce ("Boyce") appeals a jury's damages award, based on the breach of a stock option agreement, arguing that because of erroneous evidentiary rulings and erroneous jury instructions by the district court, the damages awarded are less than those to which Boyce is entitled.

For the reasons stated below, the damages judgment is vacated and the case remanded for a new trial on damages consistent with this opinion.<...

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