In re Beverly Hills Fire Litigation

MEMORANDUM OPINION AND ORDER

WILHOIT, District Judge.

This case is on remand from the Sixth Circuit Court of Appeals. The Sixth Circuit reversed because a juror in the first trial of this case conducted impermissible experimentations during deliberations. The Sixth Circuit’s opinion also addressed the defendants’ cross-appeal of the first trial judge’s denial of summary judgment based on Kentucky’s “no-action” statute, KRS § 413.135.

The Sixth Circuit agreed with the defendants that the no-action statute would bar the plaintiffs’ action, but tentatively held, based on its reading of Saylor v.…