450
Opinion of the Court
suant to Rule 50(b), could enter judgment for the verdict loser without offense to the Seventh Amendment. 386 U. S., at 321 (citing Montgomery Ward & Co. v. Duncan, 311 U. S. 243 (1940)). "As far as the Seventh Amendment's right to jury trial is concerned," the Court reasoned, "there is no greater restriction on the province of the jury when an appellate court enters judgment n.o.v. than when a trial court does"; accordingly, the Court concluded, "there is no constitutional bar to an appellate court granting judgment n.o.v." 386 U. S., at 322 (citing Baltimore & Carolina Line, Inc. v. Redman, 295 U. S. 654 (1935)). The Court next turned to "the statutory grant of appellate jurisdiction to the courts of appeals [in 28 U. S. C. § 2106]," 6 which it found "certainly broad enough to include the power to direct entry of judgment n.o.v. on appeal." 386 U. S., at 322. The remainder of the Neely opinion effectively complements Rules 50(c) and 50(d), providing guidance on the appropriate exercise of the appellate court's discretion when it reverses the trial court's denial of a defendant's Rule 50(b) motion for judgment as a matter of law. Id., at 322-330; cf. supra, at 449, n. 5 (1963 observation of Advisory Committee that, as of that year, "problems [concerning motions for judgment coupled with new trial motions] ha[d] not been fully canvassed").
Neely represents no volte-face in the Court's understanding of the respective competences of trial and appellate forums. Immediately after declaring that appellate courts have the power to order the entry of judgment for a verdict loser, the Court cautioned:
6 Section 2106 reads: "The Supreme Court or any other court of appellate jurisdiction may affirm, modify, vacate, set aside or reverse any judgment, decree, or order of a court lawfully brought before it for review, and may remand the cause and direct the entry of such appropriate judgment, decree, or order, or require such further proceedings to be had as may be just under the circumstances."
Page: Index Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 NextLast modified: October 4, 2007