Art Midwest Inc. v. Atlantic Ltd. Partnership XII

HIGGINSON, Circuit Judge:

The fifteen-year history of this case, arising from the collapse of a real estate transaction, both complicates and clarifies this appeal. It complicates because the record exceeds 10,000 pages, and spans a trial, an appeal, a remand, and a second trial. It clarifies because more than a decade of litigation has narrowed the issues open to us.

One issue in particular dominated the parties’ briefs and oral argument: whether the decision by ART Midwest, Inc. and American Reality, Inc. (collectively “Plaintiffs-Appellants” or “ART entities”) not to cross-appeal a jury’s…