Tag Archives: NEw TRial

Second Circuit Panel Notes an Oddity in Appellate Review of Fed. R. Civ. P. 59(a) Orders That Creates a Trap for the Unwary

In Raymond v. 1199SEIU Nat’l Benefit Fund, No. 25-707 (2d Cir. July 23, 2026), the panel holds that it cannot review a Fed. R. Civ. P. 59(a) order denying a new trial on quirky ground that apparently no other circuit follows. Following a jury trial for employment discrimination under the Americans with Disabilities Act whichContinue reading “Second Circuit Panel Notes an Oddity in Appellate Review of Fed. R. Civ. P. 59(a) Orders That Creates a Trap for the Unwary”

Courthouse Furor Over the COVID Pandemic Did Not Warrant New Trial for Damages, Holds Second Circuit

In ABKCO Music, Inc. v. Sagan, No. 20-3816 (2d Cir. Oct. 6, 2022), the Second Circuit reviews cross-appeals from a jury trial of a Copyright Act case. Among the issues presented was whether the jury deliberation, taking place against the backdrop of the COVID lockdown, was unfairly rushed. The defendant William Sagan owned a troveContinue reading “Courthouse Furor Over the COVID Pandemic Did Not Warrant New Trial for Damages, Holds Second Circuit”

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”