In the wake of almost a decade of litigation, Thomas H. Curran Associates obtained a verdict in favor of Trustee Richard M. Coan after the jury found by a preponderance of the evidence that Dunne fraudulently transferred assets to his former spouse Killilea and did so with the actual intent to hinder, delay, or defraud his creditors in violation of the United States Bankruptcy Code, Irish law, and Connecticut law. In their endeavor to avoid liability, Dunne and Killilea sought post-trial relief, contending that they were entitled to a new trial and that the district court’s limitation of their expert witness was erroneous. Nevertheless, District Judge Jeffrey A. Meyer denied the motions, resulting in Killilea and Dunne filing an appeal with the Second Circuit Court of Appeals.
The Second Circuit reviewed the district court’s rulings de novo and found that after considering the evidence in the light most favorable to the nonmoving party and drawing all reasonable evidentiary inferences, there was no legally sufficient evidentiary basis for a reasonable jury to find against Coan. Further, the Second Circuit did not find an abuse of discretion in limiting the expert witness’ testimony. Ultimately, the Second Circuit affirmed the district court’s judgment for “substantially the same reasons as those set forth by the district court in its thorough and exceptionally well-reasoned rulings.”
As a result, Dunne and Killilea were unsuccessful in their ongoing attempts to sidestep their creditors, and the Trustee’s jury award obtained by Thomas H. Curran in the amount in excess of €17,000,000.00 remained ironclad.
You can read the full article at: https://www.independent.ie/business/us-court-dismisses-appeal-by-irish-businessman-sean-dunne-and-ex-wife-gayle-killilea-over-18m-damages-ruling/a1872224311.html