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Panel reviews challenge to large damages award in Family Behavioral Health lease dispute
Summary
On appeal, the landlord argued the jury's roughly $674,000 award (with judgment higher after interest) was unsupported and excessive and that trial counsel waived critical objections; the plaintiff urged affirmation, saying the record supports findings of willful, repeated misconduct affecting a therapeutic program.
An appeals panel heard arguments in Family Behavioral Health Inc. v. 387 Main Street Realty Trust about whether the trial verdict awarding substantial damages was excessive and whether the appellant may effectively mount a collateral attack by claiming malpractice of the prior defense counsel.
Counsel for the appellant, Howard Potash, said trial counsel failed to preserve…
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