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

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, Plaintiffs punitive damages claim. At the conclusion of the third trial, the jury found for Plaintiff on her assault and battery and intentional infliction of emotional distress claims, and awarded damages.

In Appeal No. 99-16184, Defendant challenges three…