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Appeal over 'tethering' references and sanctions in Ameritech/Emeritech trial raises questions about remand for damages
Summary
In Ameritech (Emeritech) College Holdings v. Aiken, appellants contend repeated references to excluded evidence 'tethering' a capital contribution to damages (38 alleged instances) prejudiced the jury and warrant a new trial or sanctions; respondents point to the verdict form's no‑causation finding and urge that remand for damages would be improper.
The Court of Appeals heard argument in Emeritech (Ameritech) College Holdings v. Aiken over whether repeated references to excluded evidence during trial—what appellants describe as "tethering" a capital contribution or letter of credit to the absence of damages—warrant a new trial or dispositive sanctions.
Appellants' counsel told the panel that an October motion in limine required the defense to avoid "tethering" the capital contribution to damages; they said the defense repeatedly violated that order in openings, witness…
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