Articles Posted in Bankruptcy

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Following a jury trial, Defendants R. Brown & Sons, Inc., a scrap metal hauling company, and its principal, Robert Brown were found liable for breach of contract, common law fraud, trespass, breach of the implied covenant of good faith and fair dealing, and consumer fraud.  Each of these claims stemmed from Defendants' commercial dealings with Plaintiff Rathe Salvage, Inc., a scrap metal salvage yard where Defendant would crush cars and transport the scrap for sale to steel mills.  Defendant was later granted judgment as a matter of law by the trial court overturning the jury's finding of a consumer fraud violation.  Defendant appealed, arguing that: (1) the trial court erred in denying judgment in its favor on the remaining claims because the verdicts were based on insufficient evidence; (2) it was entitled to a new trial because Rathe Salvage's attorney improperly argued to the jury that opposing counsel was implicated in withholding evidence; and (3) the case should be remanded due to the trial court's refusal to conduct a Daubert hearing on the admissibility of hauler's polygraph, or lie detector, testing before excluding such evidence from trial.  Rathe Salvage cross-appealed the trial court's judgment in favor of Defendant on the consumer fraud claim.  Upon careful consideration of the trial court record, the Supreme Court affirmed the judgment of the trial court on all four issues. View "Rathe Salvage, Inc. v. R. Brown & Sons, Inc." on Justia Law