JMOL

Question 1

Standard for JMOL

Answer 1

Lack of substantive evidence to support a verdict in favor of the non-movant

• -There must be more than a scintilla of evidence in favor of non-movant
• -All inferences are in favor of non-movant, but movant’s uncontradicted evidence can be accepted as true.

Judges often don’t grant JMOL b/c they don’t want to do a whole new trial if they get reversed. So they deny it to give the jury a shot.

Question 2

Timing of JMOL

Answer 2

Must wait until after non-moving party has rested its case, but must file before submission of case to jury.
–Court can grant JMOL sua sponte, but it must also be before submission to jury.

Ex) D must wait until P rests its case, but can wait until after it rests its own case.

Question 3

JMOL Motion

Answer 3

Must specify the result sought and the law/facts that support that result. However, this need not be in writing.

Question 4

Renewed Motion for JMOL

Answer 4

Can only be raised post-verdict if:

(1) JMOL was property raised prior to submission to jury;
(2) By the party now raising the renewed motion;
(3) On the same grounds as the original JMOL; and
(4) Within 28 days after the entry of judgment (not the announcement of verdict).