Atlas Flooring, LLC v. Porcelanite S.A. De C.V.

MEMORANDUM

Following a jury verdict in this diversity action, the district court denied Poreelan-ite’s renewed motions for judgment as a matter of law under Fed.R.Civ.P. 50(b) and its motion for a new trial under Fed. R.Civ.P. 59(a). Porcelanite appealed, and we affirm. Porcelanite also appealed the district court’s award of attorneys’ fees and costs (see Consolidated Appeal No. 10-15512). But in its opening brief Porcelan-ite did not present argument supporting that claim. Consequently, Porcelanite waived that issue on appeal. Martinez-Serrano v. INS, 94 F.3d 1256, 1259 (9th Cir.1996).

1. Standard of Review

We review the denial of a motion for judgment as a'matter of law de novo, and view the evidence in the light most favorable to Atlas. Lakeside-Scott v. Multnomah Cnty., 556 F.3d 797, 802 (9th Cir. 2009) (“Judgment as a matter of law is proper when the evidence permits only one reasonable conclusion and the conclusion is contrary to that reached by the jury.”). We review for abuse of discretion a district court’s denial of a motion for a new trial and must uphold a jury verdict if it is supported by substantial evidence. Guy v. City of San Diego, 608 F.3d 582, 585 (9th…