Appeals Granted

AMERICA ORIENT GROUP, INC., ET AL. v. HONG ZHAO
(Record Number 121739)

From the Circuit Court of Fairfax County; M. Devine, Judge.

Frank K. Friedman and Erin B. Ashwell (Woods Rogers PLC) and James A. Treanor and Jodi Avergun (Cadwalader, Wickersham & Taft LLP) for Appellants.

Joseph T. Nah (The Metropolitan Law Group, LLC) and Hugh H. Mo (Law Offices of Hugh H. Mo, PC) for Appellee.

The Circuit Court erred by denying Plaintiffs' Motion for a New Trial thus unconstitutionally depriving them of their right to a full and fair jury determination of their claims under Art. 1, Sec. 11, of the Constitution of Virginia. A. After finding that portions of the jury verdict were not supported by the evidence, the Circuit Court erred in ruling that it could parse Plaintiffs' claimed damages and unilaterally award Plaintiffs a modest increase in damages, and deny Plaintiffs' motion for a new trial on all damages relating to the claims on which they prevailed. B. After finding that portions of the jury verdict were not supported by the evidence, the Circuit Court erred in increasing the jury's damages award without the Plaintiffs' consent, in derogation of Va. Code Sec. 8.01-383.1, and 430 and the Virginia Constitution, effectively imposing additur without Plaintiffs' consent.
The Circuit Court erred in denying Plaintiffs' motion for a new trial as to all counts where the jury returned an irreconcilable verdict, there was evident jury confusion, and where defense counsel engaged in persistent, deliberate and improper arguments and misconduct whch prejudiced Plaintiffs and tainted the verdict. A. The Circuit Court erred in denying Plaintiffs a new trial based on jury confusion, passion, prejudice and misconception of the law. B. The Circuit Court erred in denying Plaintiffs a new trial based on defense misconduct which tainted Plaintiffs in the eyes of the jury.

2-28-2013