(Please note: the names and locations of all parties have been changed to protect the confidentiality of this wrongful death case and its proceedings.) The Kentucky Supreme Court reversed a punitive damages award and remanded for a new trial in a suit against an insurance company alleged to have made…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of this wrongful death case and its proceedings.) H. Universal Fails to Negate Plaintiffs’ Fraud/Conspiracy and Punitive Damages Claims To satisfy its initial burden, Universal must either negate a necessary element of each of…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident case and its proceedings.) The following blog entry is written from a defendant’s position as trial approaches. Reviewing this kind of briefing should help potential plaintiffs and…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of this personal injury case and its proceedings.) 3. Other cases Holdgrafer is far from the only post-State Farm appellate decision vacating a punitive award after holding that other acts evidence was improperly admitted.…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of this wrongful death case and its proceedings.) G. Universal Fails to Negate Plaintiffs’ Premises Liability Claims Universal fails to show any lack of proof that it: (1) required the use of any asbestos-containing…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of this medical malpractice case and its proceedings.) The following four blog entries follow-up the previous two entries from July. These entries address the same issues, but do so from the defense side. By…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of this wrongful death case and its proceedings.) After hearing this evidence and argument, the jury returned a $10 million punitive award that the trial court reduced to $5 million. The Second District reversed,…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident case and its proceedings.) The following blog entry is written from a defendant’s position as trial approaches. Reviewing this kind of briefing should help potential plaintiffs and…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of this wrongful death case and its proceedings.) F. Universal Exercised Complete or Substantial Control Over the Franchisee Courts focus on the right to control in determining whether a true agency relationship exists between…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident case and its proceedings.) The following blog entry is written from a defendant’s position as trial approaches. Reviewing this kind of briefing should help potential plaintiffs and…