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S.M. v. J.K.

Nos. 99-16184, 99-16960.

262 F.3d 914 (2001)

S.M., Plaintiff-Appellee, Cross-Appellant, v. J.K., Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 27, 2001.

As Amended January 14, 2003.

Attorney(s) appearing for the Case

Gary M. Levitt, David C. Schutter & Associates, Honolulu, Hawaii, for the Plaintiff-Appellee-Cross-Appellant.

Richard E. Wilson, Simons & Ichinose, Wilson & Viola, Honolulu, Hawaii, for the Plaintiff-Appellee-Cross-Appellant.

Arthur B. Reinwald, Dennis E.W. O'Connor, Michael J. McGuigan, and Jason M. Tani, Reinwald, O'Connor & Marrack, Honolulu, Hawaii, for the Defendant-Appellant-Cross-Appellee.

Before: Betty B. Fletcher, William C. Canby, Jr., and Richard A. Paez, Circuit Judges.

Argued and Submitted May 14, 2001 — Honolulu, Hawaii.

OPINION

PAEZ, Circuit Judge:

This nearly decade-old case arises from Defendant J.K.'s attempted sexual assault of his housekeeper, Plaintiff S.M. The magistrate judge twice declared a mistrial before the jury was able to reach a verdict. During the course of the second trial, the judge granted judgment as a matter of law for Defendant on, inter alia, Plaintiff's punitive damages claim....

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