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531 |
Filed: 11/17/2006, Entered: None |
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Memorandum Opinion and Order denying Denying 509 Motion for Remittitur filed by Texas Health Systems, A Texas Non-Profit Corporation, James Knochel, Granting in Part and Denying in Part 511 Motion to Alter Judgment filed by Texas Health Systems, A Texas Non-Profit Corporation, James Knochel, Denying 507 Motion for New Trial filed by Texas Health Systems, A Texas Non-Profit Corporation, James Knochel, Denying 505 Motion for Judgment filed by Texas Health Systems, A Texas Non-Profit Corporation, James Knochel.(see order for specifics) (Signed by Judge Jorge A Solis on 11/17/06) (lmr, )
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494 |
Filed: 10/13/2006, Entered: None |
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AMENDED MEMORANDUM OPINION AND ORDER..After careful consideration of the Parties' briefing and the applicable law, the Court hereby DENIES Defendants'Motion for a New Trial, GRANTS in PART Defendants' Motion for Remittitur, DENIES in p art as MOOT and DENIES in part as premature Plaintiffs' Post-trial Petition for Attorneys' Fees, Expenses and Costs, and DENIES Defendants' motion for settlement credit. In conclusion, the Court finds that the maximum recovery shown by the evidence in this case against Defendants Dr. Knochel and Presbyterian is $21 million in non-economic actual damages, $7894.92 in lost earnings, and $1,542,106.20 in punitive damages. It is therefore ordered that if Plaintiff agree s to a reduction in actual and punitive damages against Defendants to $22,550,001.12, then Defendants' Motion for New Trial will be DENIED and judgment will be entered in Plaintiffs' favor. Plaintiffs must indicate acceptance of the re mittitur in writing within ten (10) days from the date of this order. If Plaintiffs fail to do so, a new trial limited to the issue of damages will be scheduled.(see order for specifics) (Signed by Judge Jorge A Solis on 10/13/06) (lmr, ) Modified on 10/16/2006 (lmr, ).
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488 |
Filed: 9/18/2006, Entered: None |
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***VACATED PER ORDER DATED 10/06/06***Memorandum Opinion and Order. After careful consideration of the Parties' briefing and the applicable law, the Court hereby DENIES Defendants' Motion for a New Trial, GRANTS in PART Defendants' [43 5] Motion for Remittitur, DENIES in part as MOOT and DENIES in part as premature Plaintiffs' Post-trial Petition for Attorneys' Fees, Expenses and Costs, and DENIES 484 Defendants' motion for settlement credit. In conclusion, the Co urt finds that the maximum recovery shown by the evidence in this case against Defendants is $21 million in actual damages and $1,542,106.20 in punitive damages. It is therefore ordered that if Plaintiff agrees to a reduction in actual and punitive damages against Defendants to $22,542,106.20, then Defendants' Motion for New Trial will be DENIED and judgment will be entered in Plaintiffs' favor. Plaintiffs must indicate acceptance of the remittitur in writing within ten (10) days from the date of this order. If Plaintiffs fail to do so, a new trial limited to the issue of damages will be scheduled. (see order for specifics) (Signed by Judge Jorge A Solis on 09/18/06) (lmr, ) Modified on 9/19/2006 (lmr, ). Modified on 9/19/2006 (jrb, ). Modified on 10/6/2006 (lmr, ).
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483 |
Filed: 3/27/2006, Entered: None |
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Memorandum Opinion and Order GRANTING 439 Motion for Judgment filed by Lawrence R Poliner, MD,PA, Lawrence R Poliner, M.D., DENYING IN PART 431 Motion for New Trial filed by Texas Health Systems, A Texas Non-Profit Corporation,, James Knochel,, D ENYING AS MOOT 442 Request for Oral Argument filed by John. Harper,, Texas Health Systems, A Texas Non-Profit Corporation,, James Knochel,, Charles NMN Harris,, Anthony Das,, Charles Levin,, David Musselman,, Robert Brockie,, Jorge Cheirif,, Steven Meyer,, Martin Berk,, DENYING AS MOOT 419 Motion Post Trial Petition for Attorney Fees filed by Lawrence R Poliner, MD,PA, Lawrence R Poliner, M.D., DENYING 463 Motion for Judgment as a Matter of Law filed by Texas Health Systems, A Texas Non-Profit Corporation,, James Knochel, (see order for specifics) (Signed by Judge Jorge A Solis on 03/27/06) (lmr, )
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