Fifth Circuit Reverses Dismissal of Fraud Claim
In GWTP Investments, L.P. v. SES Americom, Inc., the Fifth Circuit has reversed in part the dismissal of plaintiff's breach-of-contract and fraud claims. Although the circuit court agreed that the statute of frauds precluded recovery on the alleged contract, it rejected the district court's conclusion that the fraud claim was merely a "repackaged" contract claim because (1) some of the alleged misrepresentations occurred after the putative contract was formed; and (2) plaintiff sought only reliance damages, not benefit-of-bargain damages, for fraud. The circuit court also affirmed the district court's summary judgment on plaintiff's claim for breach of fiduciary duty.
