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Civil Procedure Keyed to Friedenthal
Duk v. MGM Grand Hotel, Inc.
Citation:320 F.3d 1052 (2003)
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
After a first jury trial, the jury was advised that if Plaintiff was more than 50% negligent, judgment would be entered for Defendant; if Plaintiff was 50% or less negligent, it should determine damages, based on the state’s (Nevada’s) comparative negligence law. The first verdict form found Plaintiff to have been 65% negligent but awarded damages of $3.3 million nevertheless. The court resubmitted the verdict form and the jury apportioned 49% of the fault to Duk, with the same damage award. Defendant’s motion for a new trial based on inconsistent verdicts was granted. The jury returned a verdict for Defendant after the new trial. Plaintiff appealed.
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