United States Ninth Circuit

A party procedurally defaults a civil appeal, based on alleged insufficiency of the evidence to support the verdict, if it fails to file a post-verdict motion for judgment notwithstanding the verdict, under Fed. R. Civ. P. 50(b). Further, a procedurally barred sufficiency challenge is not subject to plain error review, but is considered forfeited.

Appellate Information

• Decided 06/25/2007
• Published 06/25/2007

Judges

• THOMAS, Circuit Judge:, Before:  DAVID R. THOMPSON, ANDREW J. KLEINFELD, and SIDNEY R. THOMAS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Samuel B. Benham, Hunterton & Associates, Las Vegas, NV, for the appellant.


• For Appellees:
  
• Frank J. Cremen, Las Vegas, NV, for the appellees.