#JMOL CIVIL PROCEDURE HOW TO#
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#JMOL CIVIL PROCEDURE TRIAL#

The court then went on to list the motions available in the trial court to head off or correct an erroneous verdict: The court began by citing the Seventh Amendment, which prevents an appellate court from simply increasing the damages awarded in a verdict. The Fifth Circuit rejected the plaintiff’s argument and affirmed the final judgment. In its cross-appeal, the plaintiff argued that the $269,706.50 award was too low and should be amended to reflect total damages of over $1.3 million or, alternatively, at least the $1,017,528.20 found to be owed by Judge Brady’s partial summary judgment. The final judgment didn’t mention Judge Brady’s prior summary judgment or his damages calculation for the 2,027 undisputed specimens.īoth sides appealed.

Fifteen months later, another judge entered final judgment for plaintiff on the jury verdict. Shortly after the verdict, Judge Brady died. The verdict form did not specify whether this figure was for all 2,679 specimens or just the 652 specimens on which Judge Brady had denied summary judgment. For the contract on which Judge Brady had granted partial summary judgment, the jury awarded damages of $269,706.50. The jury returned a verdict in plaintiff’s favor on both contracts. The judge apparently left for the jury the question of damages for the remaining 652 specimens. As to the 2,027 undisputed samples, Judge Brady concluded that the defendant owed the plaintiff $1,017,528.20, less $73,134.34 already paid (the difference is $944,393.86). La.) rendered partial summary judgment in the plaintiff’s favor on one of the contracts, finding that the defendant owed damages for 2,027 of the 2,679 contested specimens. The case was a suit for breach of two contracts involving payment for testing lab specimens. The court’s opinion is a handy summary of the motions available in federal court to address errors in the district court, before the cement dries on the final judgment. And chose exactly none of them.” Acadian Diagnostic Labs., LLC v.

As explained by the court, “the Federal Rules of Civil Procedure provide several ways for a federal litigant to seek a different damages figure than that which the jury awards.

#JMOL CIVIL PROCEDURE HOW TO#

Fifth Circuit issued a valuable opinion on how to fix erroneous awards of damages in the federal system. or Whether Both are Responsible and Where His Evidence May Justify a Finding of Wilfulness or of Recklessness or of Negligenceįorm 11 - Complaint for Specific Performance of Contract to Convey Landįorm 12 - Complaint on Claim for Debt and to Set Aside Fraudulent Conveyance Under Rule 18.02įorm 13 - Complaint for Interpleader and Declaratory Reliefįorm 14 - Motion to Dismiss, Presenting Defenses of Failure to State a Claim, of Lack of Service of Process, and of Lack of Jurisdiction Under Rule 12.02įorm 15 - Answer Presenting Defenses Under Rule 12.02įorm 16 - Answer to Complaint Set Forth in Form 7, With Counterclaim for Interpleaderįorm 17 - Summons and Complaint Against Third-Party Defendantįorm 18 - Motion to Intervene as a Defendant Under Rule 24įorm 19 - Request for Production of Documents, etc.Last week, the U.S. Effective Date and Application to Pending ProceedingsĪppendix A - Special Proceedings Under Rule 81.01Īppendix B(1) - List of Rules Superseding StatutesĪppendix B(2) - List of Statutes Superseded by Rules APPENDIX OF FORMSįorm 4 - Complaint for Goods Sold and Deliveredįorm 6 - Complaint for Money Paid by Mistakeįorm 7 - Complaint for Money Had and Receivedįorm 9 - Complaint for Negligence Where Plaintiff is Unable to Determine Definitely Whether the Person Responsible is C.

Jmol civil procedure