Wednesday, July 9, 2008

2d Circuit and Renewal of Rule 50 Motion for Judgment as a Matter of Law.

As noted over at Federal Civil Practice Bulletin, the Second Circuit in Brady v. Wal-Mart Stores, Inc., --- F.3d ---, 2008 WL 259736 (2d Cir. July 02, 2008), discusses the prerequisites for a motion for judgment as a matter of law post verdict. In this matter, a jury awarded the appellee, Brady, $7.5 million. The court reduced the award to $900,000 and Brady appealed. In one point of error, Brady sought a reversal of the courts findings based on his claim that the Appellants had waived their right to move for judgment as a matter of law post verdict by failing to properly move for judgment as a matter of law at the close of all evidence pursuant to the standard set forth in Fed. R. Civ. P. 50. The court sided with the appellants holding that, “where a trial judge has indicated that renewing a previously made motion for judgment as a matter of law at the close of all the evidence was not necessary, and where the opposing party could not reasonably have thought that the motion was dropped, then judgment as a matter of law may be sought post verdict.”

Click here to read the full post over at Federal Civil Practice Bulletin and click here to read a copy of the opinion. –Counseller/jm

http://lawprofessors.typepad.com/civpro/2008/07/2d-circuit-and.html

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