Post-Trial Motions

Question 1

Renewed Motion for Judgment as Matter of Law

Answer 1

• device for nullifying irrational jury verdicts - made after jury verdict or within 10 days after judgment
• must have made motion for judgment as matter of law (7th amendment issue)
• standard: no reasonable jury could have decided this way
• immediate appeal allowed

Question 2

CA- JNOV (judgment notwithstanding jury verdict)

Answer 2

• no requirement for motion for directed verdict as condition precedent
• standard: lack of substantial evidence such that no reasonable jury could find for responding party

Question 3

Motion for New Trial

Answer 3

• award too high
• i.e. fed can do remittitur (adjust down) but not additur (adjust up) as tactic to get D to adjust

***CA: award was too much OR too little