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Second Duffin appeal centers on joint-liability, bifurcation and UVTA/damages questions
Summary
Counsel for Marlo Duffin argued that summary judgment against co-defendant Jimmy tainted Marlo's trial, particularly on a civil-conspiracy claim that the appellant says requires joint liability; the panel probed whether bifurcation or different jury instructions would remedy any prejudice.
The Court of Appeals heard the second of three appeals related to the Duffin litigation, focusing on whether earlier procedural rulings and summary judgment against a co-defendant (Jimmy) unduly prejudiced Marlo (Marlow/Marlo) Duffin and whether the civil-conspiracy verdict should stand if co-defendant liability is reversed.
Taylor Webb, representing Marlo, argued that the entry of judgment against Jimmy created an "original sin" that infected subsequent…
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