New Trial and Relief from Judgement

Question 1

59(b)

Answer 1

New trial to be filed no later than 28 after entry of judgment

Question 1

Rule 59

Answer 1

Court may grant new trial, if judge determines the verdict is clearly erroneous or would result in a manifest injustice

Can weigh evidence unlike JMOL

Question 2

Excessive Verdicts and Remittitur

Answer 2

-excessive and against weight of the evidence
Approaches
- Awarding the lowest amount supported by the record (minimum recovery rule)
- Awarding the highest amount maximum recovery rule)
- Court deems reasonable amount