Fed. R. Civ. P. 59 – Paul Mollica's Federal Courts Blog

District Court Has No Discretion to Vacate a Partial Verdict Because It Is Supposedly “Irreconcilably Inconsistent” With A Hung Jury on Another Count, Holds Fourth Circuit

In Jordan v. Large, No. 19-7855 (4th Cir. Mar. 4, 2022), the Fourth Circuit holds that the district court erred when it vacated a partial verdict in favor of a prisoner-plaintiff because it was supposedly “irreconcilably inconsistent” with the jury’s inability to reach a verdict on another count. Plaintiff, “a prisoner in Red Onion StateContinue reading “District Court Has No Discretion to Vacate a Partial Verdict Because It Is Supposedly “Irreconcilably Inconsistent” With A Hung Jury on Another Count, Holds Fourth Circuit”

In Bunn v. Perdue, No. 19-2138 (10th Cir. July 28, 2020), the court holds that the automatic tolling for the filing of an appeal under Fed. R. App. P. 4(a)(4)(A) does not apply when a post-judgment motion is “improperly filed” by someone other than counsel of record. Plaintiff, who was represented by counsel, lost hisContinue reading ““Improperly Filed” Post-Judgment Motion by Non-Lawyer Did Not Toll Filing Deadline for Appeal, Tenth Circuit Holds”