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Tag Archives: Jury Trial

Bankruptcy — Constitutional – Jury Trial Right – Fraudulent Transfer – Avoidance Action – Affirmative Defenses – Set Off – Equitable Jurisdiction (access required)

Angell v. Mansour (In re Britt Motorsports, LLC) (Lawyers Weekly No. 14-05-0992, 6 pp.) (Stephani Humrickhouse, J.) 14-00041-8; E.B.N.C. Holding: Defendants have not filed a claim against the bankruptcy estate; however, in the trustee’s action to avoid a fraudulent transfer, ...

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Administrative – Stark Law Violations – False Claims Act – Constitutional – Jury Trial – Hospital (access required)

U.S. ex rel. Michael K. Drakeford MD v. Tuomey Healthcare System Inc. A federal appeals court vacates a $45 million judgment against a Sumter, S.C., health care system for Stark Law violations and sends the case back, saying the district court’s handling of the case violated the defendant’s Seventh Amendment right to a jury.

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Does $5.9M verdict show bench trials are best for heart balms? (access required)

The latest large heart-balm award - a bench verdict this time - has North Carolina practitioners debating whether judges or juries are more advantageous for plaintiffs. Pitt County Superior Court Judge W. Russell Duke awarded a jilted spouse $5,896,943, plus $865,150 in prejudgment interest, in a July verdict. Greenville attorney Cynthia A. Mills (pictured) said the facts made it the best heart-balm case she had taken in 21 years of practice.

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