Weisgram v. Marley Co., 528 U.S. 440, 8 (2000)

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Cite as: 528 U. S. 440 (2000)

Opinion of the Court

II

Federal Rule of Civil Procedure 50, reproduced below, governs motions for judgment as a matter of law in jury trials.4

determination that the remaining, properly admitted, evidence was insufficient to make a submissible case under state law.

4 "Rule 50. Judgment as a Matter of Law in Jury Trials; Alternative Motion for New Trial; Conditional Rulings. "(a) Judgment as a Matter of Law.

"(1) If during a trial by jury a party has been fully heard on an issue and there is no legally sufficient evidentiary basis for a reasonable jury to find for that party on that issue, the court may determine the issue against that party and may grant a motion for judgment as a matter of law against that party with respect to a claim or defense that cannot under the controlling law be maintained or defeated without a favorable finding on that issue.

"(2) Motions for judgment as a matter of law may be made at any time before submission of the case to the jury. Such a motion shall specify the judgment sought and the law and the facts on which the moving party is entitled to the judgment. "(b) Renewing Motion for Judgment after Trial; Alternative Motion for New Trial. If, for any reason, the court does not grant a motion for judgment as a matter of law made at the close of all the evidence, the court is considered to have submitted the action to the jury subject to the court's later deciding the legal questions raised by the motion. The movant may renew its request for judgment as a matter of law by filing a motion no later than 10 days after entry of judgment—and may alternatively request a new trial or join a motion for a new trial under Rule 59. In ruling on a renewed motion, the court may:

"(1) if a verdict was returned: "(A) allow the judgment to stand, "(B) order a new trial, or "(C) direct entry of judgment as a matter of law; or "(2) if no verdict was returned: "(A) order a new trial, or "(B) direct entry of judgment as a matter of law. "(c) Granting Renewed Motion for Judgment as a Matter of Law; Conditional Rulings; New Trial Motion.

"(1) If the renewed motion for judgment as a matter of law is granted, the court shall also rule on the motion for a new trial, if any, by determining whether it should be granted if the judgment is thereafter vacated or

447

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