Walter v. Clarion Mortgage Capital, Inc.

Filing 164

ORDER denying 155 motion for judgment as a matter of law. Signed on 3/23/10 by District Judge Gary A. Fenner. (Mitchell, Lisa)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION LELA WALTER, Plaintiff, vs. CLARION MORTGAGE CAPITAL, INC., et al., Defendants. ) ) ) ) ) ) ) ) ) ) Case No. 08-0536-CV-W-GAF ORDER Now before the Court is Defendant Clarion Mortgage Capital, Inc.'s ("Clarion") Motion for Judgment as a Matter of Law or, in the Alternative, for New Trial or, in the Alternative, Remittitur. (Doc. #155). Clarion presents multiple arguments for why the Court should either overturn the jury's verdict, grant a new trial, or order a remittitur of the damages awarded against it. Id. None of Clarion's arguments have merit. Instructions to the jury were based on model instructions closely tailored to conform the particular facts of this case to relevant law; there was undoubtedly sufficient evidence to support the jury's verdict; and the jury's award of punitive damages is well within the range of those allowed by due process. Thus, granting Clarion judgment as a matter of law, a new trial, or remittitur would be inappropriate and contrary to the law. Accordingly, it is ORDERED that Clarion's Motion is DENIED. s/ Gary A. Fenner Gary A. Fenner, Judge United States District Court DATED: March 23, 2010 1

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