I/P Engine, Inc. v. AOL, Inc. et al

Filing 908

ORDER denying Plaintiff's 825 Motion for New Trial on the Dollar Amount of Past Damages. Signed by District Judge Raymond A. Jackson and filed on 4/2/13. (mwin, )

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IN THE UNITED STATES DISTRICT CO JRT FOR THE EASTERN DISTRICT OFVIRGINIA p 11 p p* riL-CLJ Norfolk Division APR - 2 2013 I/P ENGINE, INC., CLERK, US DISTRICT COURT NORFOLK, VA Plaintiff, V. CIVIL ACTION NO. 2:llcv512 AOL INC., et al.9 Defendants. ORDER Before the Court is Plaintiffs Motion for a New Trial on the Dollar Amount of Past Damage (ECF No. 825), pursuant to Rule 59(a) of the Federal Rules of Civil Procedure. Rule 59(a) instructs that "[t]he court may, on motion, grant a new trial on all or some of the issues— and to any party... after a jury trial, for any reason for which a new trial has heretofore been granted in an action at law in federal court[.]" As a general matter, disturbing a jury's verdict by ordering a new trial under Rule 59(a) is an extreme remedy only warranted in a narrow set of circumstances: On such a motion it is the duty of the judge to set aside the verdict and grant a new trial, if he is of the opinion that [1] the verdict is against the clear weight of the evidence, or [2] is based upon evidence which is false, or [3] will result in a miscarriage of justice, even though there may be substantial evidence which would prevent the direction of a verdict. AtlasFoodSys. & Servs. v. Crane Nat'l Vendors, 99 F.3d 587, 594 (4th Cir. 1996). Further, "[o]n a Rule 59 motion, courts may make credibilityjudgments in determining the clear weight of the evidence." Attard Indus, v. United States Fire Ins. Co., 2010 U.S. Dist. LEXIS 119119 (E.D. Va. Nov. 9, 2010) (citation omitted). Finally, "the court will search the record for evidence that could reasonably lead the jury to reach its verdict, drawing all reasonable inferences in favor of the verdict winner." 12 Moore's Federal Practice - Civil § 59.13 (3d ed. 1997). Having reviewed the parties' memoranda, the Court finds that the verdict is not against the clear weight of the evidence, norwas theverdict of thejury based on evidence thatis false, or will a miscarriage ofjusticeresult. Accordingly, Plaintiffs Motion for a NewTrial on the Dollar Amount of Past Damages (ECF No. 825) is DENIED. The Clerkis DIRECTED to send a copy of this Orderto counsel and parties of record. IT IS SO ORDERED. Norfolk, Virginia April X . 2013 *^ Raymond 4 Jackson United States District Judge

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