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UNITED SPECIALTY INSURANCE v. COLE'S PLACE, INC.

No. 18-5545.

936 F.3d 386 (2019)

UNITED SPECIALTY INSURANCE COMPANY, Plaintiff-Appellee, v. COLE'S PLACE, INC., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 22, 2019.

Attorney(s) appearing for the Case

ARGUED: Marque G. Carey , SMITH & CAREY, PLLC, Louisville, Kentucky, for Appellant. J. Kendrick Wells IV , FROST BROWN TODD LLC, Louisville, Kentucky, for Appellee. ON BRIEF: Marque G. Carey , SMITH & CAREY, PLLC, Louisville, Kentucky, for Appellant. J. Kendrick Wells IV , Griffin Terry Sumner , Jeremiah A. Byrne , Justin S. Fowles , FROST BROWN TODD LLC, Louisville, Kentucky, for Appellee.

BUSH, J., delivered the opinion of the court in which GRIFFIN, J., joined. WHITE, J. (pp. 407-10), delivered a separate dissenting opinion.

OPINION

One summer night in 2015, gunshot blasts pulverized the sociable hum of a nightclub in Louisville, Kentucky. Somebody had brought a firearm into the bar, and the ensuing discharge of bullets struck eight people. Six of those people sued the nightclub's owner, Cole's Place, Inc. ("Cole's Place"), in...

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