A. What An Appeal Can – And Can’t – Do. An appeal is a powerful, often underestimated, line of defense. It’s an opportunity to reduce the award, obtain a complete or partial new trial, or perhaps even reverse misfortune, getting judgment awarded in favor of the party who lost at trial. However, the appeal is … Continue Reading
1. Snatch victory from the jaws of defeat. A new trial motion gives the trial judge a chance to cut the jury’s punitive verdict, eliminate it altogether, or grant a new trial. A successful motion for judgment notwithstanding the verdict (JNOV) – known as JMOL in federal court – lets the trial judge declare the … Continue Reading
STAY ENFORCEMENT OF THE JUDGMENT. After the jury renders its verdict, there are still many lines of defense available, including post-trial motions and appeal. First and foremost, the defendant must protect itself from immediate execution of the judgment, which, in many jurisdictions is enforceable immediately or within a very short time. A stay may be … Continue Reading
