![]() ![]() The court agreed with the plaintiff finding, “while the instructions for the two claims may be similar, in determining defendant was not negligent, the jury did not necessarily decide that defendant had a duty to warn, nor did it decide that defendant in fact breached that specific duty.” Further, “by deciding that defendant was not negligent, the jury did not necessarily decide that defendant did not unreasonably fail to provide adequate warning or instruction.” Therefore, the court found that the doctrine of collateral estoppel does not apply and there was no bar to a retrial of the plaintiff’s failure-to-warn claim. The plaintiff argued that the two elements of the failure-to-warn claim were not identical to the negligence claim as decided by the jury. JCI argued that the three prongs of the test were satisfied here and the plaintiff was collaterally estopped from re-litigating its failure-to-warn claim because the parties are the same, the jury verdict was a final judgment, and two elements of the failure-to-warn claim-negligent conduct and proximate cause-were decided by the jury in its verdict on negligence. The amendment to Rule 50(a) is not intended to change the substantive standards governing motions for directed verdict. Parties to the earlier suit or were in privity with parties. the law and the facts on which the moving party is entitled to the judgment. Issue actually litigated and necessary to the judgmentģ. That the issue in question was identical to an The earlier suit resulted in a final judgment on the meritsĢ. “Under the doctrine of collateral estoppel, when an issue has been fully litigated and decided, it cannot be contested again between the same parties.” An issue is determined to be fully litigated based upon a three-prong test:ġ. ![]() 25, 2019, JCI renewed its motion for JMOL pursuant to Rule 50(b) under the theories of collateral estoppel and the law-of-the-case (the court’s analysis here only considers collateral estoppel). The court accepted the verdict as to the first issue andĭeclared a mistrial as to the second issue. Issue, finding that the defendant was not negligent, but on the second issue Of deliberations, the jury indicated that they came to a decision on the first Provide an adequate warning which caused the decedent’s injury. At the end ![]() The second issue focused on whether or not JCI failed to Provided only the first two issues are relevant to this discussion. Theįirst issue required the jury to determine if the decedent was injured by the A JMOL motion is technically not a post-trial motion, but it serves as a critical foundation for post-trial motions, which is why we cover it here. Provided the verdict form where the three issues for deliberation were Motion for Judgment as a Matter of Law ('JMOL'), aka Directed Verdict. Renewed its motion, and the court denied it again.Īt that time, the jury was instructed on the law and Upon completion of JCI’s case-in-chief on Sept. (JCI), moved for judgment as a matter of law (JMOL) for theįirst time pursuant to Federal Rule of Civil Procedure 50(a). 16, 2019 with the plaintiff’sĬase-in-chief concluding on Sept. States District Court for the Middle District of North Carolina. The complaintĪlleged that the decedent was exposed to asbestos products while working at the NORTH CAROLINA – On June 9, 2015, Wade Miller Gore (decedent)Īnd Faye Gore (plaintiff) filed an asbestos-related lawsuit in the United North Carolina, Western Division, March 5, 2020 It is important to note that this decision is made by the judge and not the jury.United States District Court, E.D. This can happen before the case goes to the jury or after the jury has made a verdict. These examples illustrate how a judge can make a judgment as a matter of law if there is not enough evidence to support one side's claim. If the defendant's lawyer can show that there is not enough evidence to support this claim, the judge may make a judgment as a matter of law and rule in favor of the defendant. ![]() If the judge agrees, they may make a judgment as a matter of law and dismiss the case before it goes to the jury.Īnother example: In a personal injury case, the plaintiff may argue that the defendant was negligent and caused their injuries. In other words, if there is not enough evidence to support the opposite conclusion, the judge can make a judgment as a matter of law.Įxample: During a trial, the defendant's lawyer may argue that there is not enough evidence to support the plaintiff's claim. The judge may make this decision if they believe that no reasonable jury could come to a different conclusion based on the evidence presented in the trial. Definition: Judgment as a matter of law is a decision made by a judge during a trial, either before or after a verdict. ![]()
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