filing_sections: 462

553 document sections with headings and summaries

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section_id	filing_id	heading	summary
462	62	A. The Jury Verdict shows the Jury unanimously awarded exemplary damages	Two main arguments. (1) Burden: Under Menchaca, the party relying on the conflicting answer to avoid the effect of answers establishing liability bore the burden to object — that is Kassab. Bruce v. Oscar Renda directly holds the defendant (party opposing exemplary damages) had the burden to object to lack of unanimity certificate before jury was discharged. Post-Menchaca caselaw governs. (2) Caselaw analysis: Stover's reasoning is fatal to Kassab — the jury did not sign a unanimity certificate for questions 5 and 6 (threshold liability) but the court upheld exemplary damages because the jury certified unanimity on later predicate questions. The principle: not all predicate answers require a certificate of unanimity. Bruce demonstrates a signed certificate is not necessary for exemplary damages. Bryan shows defendant's counsel requested jury polling — Kassab should have done the same. Redwine (Kassab's 'most analogous' case) predates Menchaca and is facially not on point because the court polled the jury and confirmed non-unanimity; Kassab chose not to poll.