Weisgram v. Marley Co., 528 U.S. 440, 18 (2000)

Page:   Index   Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18

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

Opinion of the Court

however, that there are also cases in which a court of appeals may appropriately instruct the district court to enter judgment as a matter of law against the jury-verdict winner. Id., at 326. We adhere to Neely's holding and rationale, and today hold that the authority of courts of appeals to direct the entry of judgment as a matter of law extends to cases in which, on excision of testimony erroneously admitted, there remains insufficient evidence to support the jury's verdict.

For the reasons stated, the judgment of the Court of Appeals for the Eighth Circuit is

Affirmed.

457

Page:   Index   Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18

Last modified: October 4, 2007