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Topic: JNOV

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	STATE OF MICHIGAN
		A motion for JNOV should be granted only when the evidence, viewed in the light most favorable to the nonmoving party, is insufficient to create an issue for the jury.
		Plaintiff argues that JNOV was improper in this case because plaintiff presented evidence sufficient to create questions of fact for the jury with regard to whether defendant was negligent and whether its alleged negligence was the cause of the fire.
		Defendant contends that JNOV was proper because plaintiff did not present evidence sufficient to create a question with regard to whether its conduct was the proximate cause of the fire.
	www.michbar.org /opinions/appeals/2000/112800/8628.html (1385 words)

	Welcome to the Los Angeles County Bar Association Website
		A JNOV is proper if, after reviewing all conflicts in the evidence in favor of the party that prevailed at trial, the court determines that party is not entitled to judgment as a matter of law.
		Because new trial and JNOV motions are often sought concurrently, the time limit for filing the JNOV motion is synchronized with the time for filing a notice of intent to move for a new trial.
		In cases in which a JNOV and a new trial are sought, both motions must be decided at the same time and before the court's power to grant the new trial motion expires.
	www.lacba.org /showpage.cfm?pageid=808 (4201 words)

	Kreher v. Semreh Club
		Third, granting of a JNOV was error because additur is the proper procedure to correct a damage award.
		Last, JNOV was improper because the jury verdict was proper and supported by the record.
		A JNOV is warranted when the facts and inferences point so strongly and overwhelmingly in favor of one party that the court believes that reasonable men could not arrive at a contrary verdict.
	tarlton.law.utexas.edu /dawson/cases/mounted/kreher.htm (2732 words)

	Re: An Evidence Quiz (Site not responding. Last check: 2007-10-19)
		JNOV seems to imply that a > verdict was reached and that the judge entered a judgment in > contravention of the jury verdict.
		You are correct - JNOV means the jury reached a verdict and the judge is asked to render an opposite verdict.
		Regardless, a JNOV or a DV is likely to end up with an appeal unless the facts are so twisted one way or the other no reasonable person could differ (the standard for the JNOV and DV anyway).
	www.talkaboutpets.com /group/rec.equestrian/messages/545787.html (432 words)

	Andree Layton Roaf, Judge. This is a negligence case. Vida Strother sustained injuries when she slipped on a wet floor ...
		Arkansas appellate courts have stated that the motion for a directed verdict is a condition precedent to moving for JNOV based on the reasoning that a motion for JNOV is technically only a renewal of the motion for directed verdict made at the close of the evidence.
		A trial court may grant a JNOV only if there is no substantial evidence to support the verdict of the jury and the moving party is entitled to judgment as a matter of law.
		Conagra's basis for its motions for directed verdict and for JNOV was that Strother failed to establish either of the elements required in a slip-and-fall case.
	courts.state.ar.us /opinions/1999b/19991117/ca99-327.html (2043 words)

	STATE OF MICHIGAN
		On appeal, defendants contend the trial court erred in denying their motion for JNOV or, in the alternative, in failing to grant remittitur, because there was no evidentiary basis for the award of $20,000 for past economic damages.
		Defendants' claim that their motion for JNOV was accompanied by an alternative motion for remittitur is not supported by the record.
		JNOV need not be limited to situations where an entire verdict is to be set aside.
	www.michbar.org /opinions/appeals/2000/050900/7042.html (642 words)

	Oregon Judicial Department Appellate Court Opinions
		Here, the trial court granted the JNOV motion on two grounds--public entity immunity and the necessity of predicate compensatory damages--that defendant had "not previously asserted in [a] motion for a directed verdict." Id.
		Defendant's failure to move for a new trial in the alternative to its motion for JNOV effected a waiver of the new trial remedy.
		The trial court's rejection of the other alternative grounds is implicit from the fact that, rather that granting the JNOV motion on one ground, without reference to any other, the trial court predicated its ruling on two alternative grounds, either of which it deemed to be independently sufficient, but made no mention of the others.
	159.121.112.45 /A125189.htm (1608 words)

	Burchette v. Lynch, 139 NC App 756 (99-604) 08/29/2000
		A defendant in a negligence action arising from an automobile collision was not prejudiced by the denial of his JNOV motion on negligence, given the mistrial and subsequent retrial on that issue, and his purported appeal of the denial of that motion was not considered.
		The trial court did not err by denying defendant's directed verdict and JNOV motions on contributory negligence in an automobile accident case where plaintiff was blinded by the headlights of an oncoming automobile but slowed and applied her brakes immediately upon seeing the lights of the approaching vehicle.
		Defendant's attempted appeal of the denial of his JNOV motion in a negligence action was rejected where the trial was the second of three and ended in a mistrial as to the issues raised in the motion.
	www.aoc.state.nc.us /www/public/coa/opinions/2000/990604-1.htm (3540 words)

	ca04-090 (Site not responding. Last check: 2007-10-19)
		We agree that the trial court lacked jurisdiction to grant the JNOV and therefore reverse and remand the case on that basis.
		A trial court loses jurisdiction to rule on a JNOV motion if it does not do so within thirty days of the motion's filing, and an order purporting to grant a JNOV motion after that deadline is void and of no effect.
		In light of the foregoing, we reverse the trial court's entry of the JNOV and remand with directions to reinstate the jury verdict.
	courts.state.ar.us /opinions/2004b/20041208/ca04-090.html (1049 words)

	MONTGOMERY COCA-COLA BOTTLING v. GOLSON - Alabama
		The employer filed a motion for a judgment notwithstanding the verdict (JNOV), for a new trial or, in the alternative, for a remittitur of the damages.
		The employer initially contends that the trial court committed reversible error in denying its motion for a JNOV because, it says, Golson failed to present substantial evidence of a retaliatory discharge.
		The ultimate question as to either motion is whether the party bearing the burden of proof has presented sufficient evidence to allow submission of the case or issue to the jury for resolution of the factual dispute.
	www.peo7.com /peo/caselawDetail57433.htm (385 words)

	Oregon Judicial Department Appellate Court Opinions
		On reconsideration, plaintiff argues that, despite the nonappealability of the judgment due to defendant's motions for a new trial and for JNOV, the judgment remained enforceable, and the trial court retained jurisdiction to enforce the judgment.
		First, we agree that the filing of defendant's motion for a new trial or JNOV rendered the judgment in this case nonappealable until either the trial court entered an order disposing of the motion or the motion was deemed denied by operation of law.
		The motions for a new trial and for JNOV were timely filed, although they were filed before the entry of judgment.
	www.publications.ojd.state.or.us /A129320.htm (2745 words)

	[No title] (Site not responding. Last check: 2007-10-19)
		Defendant was granted JNOV as to plaintiff's breach of contract claim, was granted a new trial with respect to the amount of damages, but was denied a new trial on the issue of infringement.
		The court held that defendant's failure to request JNOV or move for a new trial on the issue of his counter-claim within the time frames stipulated in the rules, precluded its request for compensation.
		Although Ricoh's JNOV memorandum says Norfin breached the contract, that sentence is part of its argument against the jury finding that Ricoh breached.
	www.mofo.com /mofo_dev/decisions/836f2d528.html (3703 words)

	Younesi v. Lane (1991) 228 CA3d 967
		His substantial compliance argument seems to be that, since the JNOV motion was heard before the end of the permitted 60-day period for ruling on new trial motions, the JNOV motion was timely.
		As the trial court lacked jurisdiction to hear Younesi's untimely JNOV motion, we reverse the grant of the motion and vacate the ensuing judgment.
		FN 6 As we reverse because Younesi's JNOV motion was untimely, thus depriving the trial court of jurisdiction, we do not address Lane's other challenges to the grant of JNOV.
	online.ceb.com /calcases/CA3/228CA3d967.htm (2657 words)

	Fifth Circuit Court Cases - Case Law and Opinions from the 5th Circuit Federal Court - Court of Appeals - unoffical ...
		JNOV, we vacate the court's entry of JNOV with instructions to reinstate the judgment on the jury's
		Notwithstanding the Verdict (JNOV) based on the theory that Bolin acted as agent of Allied, and that
		Allied challenges first the district court's entry of a JNOV and a t ake-nothing judgment.
	www.romingerlegal.com /fifthcircuit/opinions/91-6193.CV0.wpd.html (2605 words)

	Oregon Judicial Department - Publications
		However, we reverse the decision of the Court of Appeals remanding the case for a new trial on the contract claim, and we remand with instructions to the trial court to reinstate the judgment in accordance with the jury verdict on that claim.
		On plaintiff's appeal, the Court of Appeals affirmed the trial court's JNOV on the tort claims, but reversed the JNOV on the contract claim, holding that there was sufficient evidence that the parties had modified the agreement.
		Farmers argued on appeal, but does not pursue on review, that the trial court appropriately granted the JNOV because, among other reasons, the agreement required that modifications be in writing and there was insufficient evidence of a written modification.
	www.publications.ojd.state.or.us /S45229.htm (7567 words)

	Southern Furn. Hdwe., Inc. v. Branch Banking & Trust Co., 136 NC App 695 (99-181) 03/07/2000
		In the case at bar, the trial court's order granting JNOV is a judicial determination that defendant did not act fraudulently, while the order “[a]lternatively, and additionally” granting a new trial simultaneously returned the issue of fraud to a new jury.
		On remand, the trial court may either (1) grant defendant's JNOV motion and conditionally grant or deny defendant's motion for new trial in the event the trial court's JNOV judgment is thereafter vacated or reversed on appeal, or (2) deny defendant's motion for JNOV and grant or deny defendant's motion for new trial.
		Likewise, because we are remanding for a new hearing on defendant's motion for JNOV and because defendant's motion for a directed verdict encompassed the same issues as will be addressed on rehearing, we decline to address defendant's challenge of the denial of its motion for a directed verdict.
	www.aoc.state.nc.us /www/public/coa/opinions/2000/990181-1.htm (3168 words)

	NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
		Cobb appeals the JNOV and new trial granted in 1994 with respect to the breach of contract claim, as well as the summary judgment entered in 1997 with respect to the race discrimination cause of action.
		On appeal, Cobb maintains that the JNOV, entered before the race discrimination claim was retried and thus before a final judgment had been entered in the matter, was premature and consequently ineffectual.
		The JNOV statute further provides: "The court shall not rule upon the motion for judgment notwithstanding the verdict until the expiration of the time within which a motion for a new trial must be served and filed,..." (§ 629.)
	homepages.cae.wisc.edu /~dwilson/cobb/ApplDecide98.html (1926 words)

	As Predicted, PM Files Motion for JNOV in Henley $51M Verdict [03/30/99] (Site not responding. Last check: 2007-10-19)
		JNOV is similar to a Motion for Summary Judgment except that a motion for summary judgment is a law based analysis and the JNOV, which always comes after the trial, is a fact based analysis.
		In its motion for JNOV, the company says there was insufficient evidence introduced to support the punitive damage claim or any other claim in the suit.
		The company's 42-page motion for JNOV contends that Henley failed to produce sufficient evidence to justify a finding in her favor on any of her causes of her causes of action.
	www.no-smoking.org /march99/03-30-99-4.html (956 words)

	Thanks to JNOV - The CH Hangar
		I just wanted to extend my thanks to JNOV for his help getting me set up with my CH USB Fighterstick and USB pro-throttle.
		JNOV offered his help, and patiently helped me, and I appreciate it.
		This forum is very helpful, and the time you all spend with people in need of assistance is appreciated.
	www.ch-hangar.com /forum/index.php?showtopic=831 (252 words)

	Post-trial motions for new trial,JNOV in Maryland
		Considering the drastic nature of this request, courts rarely grant what lawyers call "JNOV" motions.
		II. Motion for New Trial - often added as an alternative to JNOV motions, or filed on their own, this motion seeks to try the case all over again due to a flaw in the trial process which tainted the verdict or yielded a result amounting to a miscarriage of justice.
		The trial judge has wide latitude in deciding whether to order a new trial.
	www.kramerslaw.com /step8.htm (335 words)

	Workers' Comp Executive (Site not responding. Last check: 2007-10-19)
		Here you will find a plethora of original materials as referenced in the print edition.
		Palm Medical’s Answer to State Fund’s Motion for a JNOV
		State Fund’s Motion for a Judgment Not Withstanding the Verdict (JNOV)
	www.wcexec.com /Resources.aspx (1576 words)

	COBB vs. USC - POST TRIAL MOTIONS (Site not responding. Last check: 2007-10-19)
		Drake granted USC's motions for JNOV, and NEW TRIAL
		There is only supposed to be ONE JNOV (Judgement Notwithstanding Verdict) motion, and a New Trial motion is supposed to be heard at the same time as the JNOV motion.
		The motions granted on 8/10/94 are invalid, and should be reversed, thereby restoring the economic damages part of the verdict.
	homepages.cae.wisc.edu /~dwilson/cobb/motions.html (166 words)

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