Group Restaurant Tells 8th Circ. Jury Errors Warrant New Trial

By Hope Patti (April 22, 2022, 6:28 p.m. EDT) — A Midwestern restaurant operator on Friday asked the Eighth Circuit for a new lawsuit against Cincinnati Insurance Co. for coverage of pandemic-related losses, arguing that a lower court had made a series of errors during the trial, leading to a jury verdict in favor of the insurer.

KC Hopps Ltd. urged the appeals court to overturn a Missouri federal judge’s earlier denial of his motion for a new trial and directed verdict, saying improper jury instructions significantly affected his rights.

“A jury trial resulted in a defense verdict, but only because the district court submitted an incorrect causation instruction, allowed affirmative defenses…

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