McMillan
McMillan v. Weathersby
Opinion
Lead Opinion
MEMORANDUM ***
Appellant Scott McMillan (“McMillan”) appeals from a jury verdict returned for Appellee Matthew Weathersby (‘Weathersby”).
McMillan bases this appeal on four grounds: 1) that the district court erred in denying McMillan’s Renewed Motion for Judgment as a Matter of Law on the basis that the verdict was not supported by the evidence; 2) that defense counsel’s improper conduct prejudiced McMillan by inflaming the passions and prejudices of the jury; 3) that the district court committed reversible error by refusing to re-open examination of Weathersby; and 4) that the district court committed reversible error by applying a local rule retroactively in taxing McMillan for costs. The parties are familiar with the facts such that we need not recite them here.
DISCUSSION
VI. Judgment As A Matter of Law.
A denial of a renewed motion for a judgment as a matter of law is reviewed de novo. McLean v. Runyon, 222 F.3d 1150, 1153 (9th Cir.2000). Judgment as a matter of law is proper if the evidence, construed in the light most favorable to the nonmoving party, permits only one reasonable conclusion, and that conclusion is contrary to the jury’s verdict. See id.