Post-trial & Preclusion

Question 1

JMOL

Answer 1

In light most favorable to non-moving party…
Reasonable people could not disagree on the result

Can move after the other side has been heard at trial

Question 2

RJMOL

Answer 2

Only if filed JMOL at trial; same grounds

Within 28 days after entry of judgment

Question 3

Motion for New Trial

Answer 3

Some non-harmless error warrants a new trial
-inadequate/excessive damages
-against weight of evidence
-misconduct
-new evidence that could not have been discovered before
-erroneous jury instructions

Within 28 days after entry of judgment

Question 4

Remittitur/Additur

Answer 4

Remittitur: Damage figure is excessive –> plaintiff can remit part of award or go to new trial

Additur: Damage figure is inadequate –> D can add to award or go to new trial
-Not allowed in federal court

Question 5

Motion for Relief from Judgment

Answer 5

Clerical errors: any time

Mistake: 1 year

Fraud/Misconduct: 1 year

Newly discovered evidence that existed during trial but could not have been discovered: 1 year

No SMJ: any time

Question 6

Final Judgment

Answer 6

Nothing left to do on the merits of the case.

Question 7

Notice of Appeal

Answer 7

Filed in 30 days after entry of judgment.

Question 8

Interlocutory Appeals Act

Answer 8

Can appeal a non-final order if
-district judge certifies that it involves a controlling issue of law as to which there is substantial ground for a difference of opinion
-court of appeals agrees to hear it

Question 9

Collateral Order Doctrine

Answer 9

Appellate court can hear a non-final issue if
-it is distinct from the merits of the case
-involves an important legal question
-is effectively unreviewable if parties await final judgment

Question 10

Standards of Review

Answer 10

Question of law: de novo

Question of fact from bench trial: affirm unless clearly erroneous

Question of fact from jury trial: affirm unless no reasonable person could have made that finding

Question of discretionary matters: affirm unless judge abused her discretion

Question 11

Claim Preclusion

Answer 11

Same P, same D
Valid final judgment on the merits in Case 1
Same claim
-arising from same transaction or occurrence

Question 12

Issue Preclusion

Answer 12

-Valid final judgment on the merits in Case 1
-Same issue actually litigated in Case 1
-Issue was essential to judgment in Case 1
-Asserted against someone who was a party (or in privity with a party) in Case 1
-Asserted by someone who was not a party in Case 1 and is the D in Case 2, as long as the other party had a full chance to litigate in Case 1 OR asserted by someone who was not a party in Case 1 and is the P in Case 2, if it is fair.

Fairness = full opportunity to litigate in Case 1, incentive to litigate in Case 1, other party couldn’t have joined Case 1, no inconsistent findings on the issue