United States Ninth Circuit

In a personal injury action, a ruling for defendant is vacated where the district court did not weigh the substantiality of the evidence presented to the jury in denying plaintiff's motion for a new trial, and the record did not demonstrate that it would necessarily be an abuse of discretion, or beyond the pale, for the district court to determine that the clear weight of the evidence required damages of at least one dollar, and that a new trial was required.

Appellate Information

• Argued 12/09/2009
• Decided 02/25/2010
• Published 02/25/2010

Judges

• Before JEROME FARRIS, DOROTHY W. NELSON and MARSHA S. BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Joseph A. Grube, Ricci Grube Aita & Breneman, Seattle, WA, for the plaintiff-appellant.


• For Appellees:
  
• Thomas W. Brown and Julie A. Smith, Cosgrave Vergeer Kester, Portland, OR, for the defendant-appellee.