Kimberly Manfred v. Superstation, Inc.

MEMORANDUM

Superstation appeals the district court’s denial of its motion for a new trial. We review for abuse of discretion, Jorgensen v. Cassiday, 320 F.3d 906, 918 (9th Cir. 2003), and we affirm.

At the threshold, Manfred argues that Superstation waived its right to appeal because Superstation failed to move for judgment as a matter of law at the close of all evidence under Federal Rule of Civil Procedure 50(a). A litigant who files a Federal Rule of Civil Procedure 59 motion for new trial, however, is not required to file a Rule 50(a) motion first. See Freund v. Nycomed Amersham, 347 F.3d 752, 765 (9th Cir.2003). Consequently, Superstation’s failure to move for judgment as a matter of law under Rule 50(a) does not preclude this appeal.

A district court abuses its discretion when it denies a motion for a new trial arguing that the verdict was against the clear weight of the evidence only if: (1) the district court erred in applying the stan dard for a new trial, or (2) the record contains no evidence that supports the verdict. Alford v. Haner, 446 F.3d 935, 936 (9th Cir.2006) (order).

Superstation argues that the district court abused its discretion by erring in applying…