Schudel

MEMORANDUM **

Merlin Carlson appeals from the judgment dismissing his claim for respiratory and neurological injuries allegedly caused by defendants’ negligence. * Following trial before Judge Van Sickle, the jury returned a verdict for Carlson and his co-plaintiffs. The district court granted defendants’ motion for JNOV with respect to Carlson’s respiratory injuries; with respect to his neurological injuries, it vacated the verdict and granted a new trial on the ground that the verdict had been tainted by inadmissible evidence on the respiratory injuries. On appeal we held that, in the absence of a final judgment, we lacked appellate jurisdiction and remanded. Schudel v. General Electric Co., 120 F.3d 991 (9th Cir.1997).

On remand, Judge McDonald let stand the JNOV with respect to Carlson’s respiratory injuries. The court ordered Carlson to show cause only why the neurological injury component of his claim should not be dismissed if based on the same evidence found insufficient on the prior appeal. The court concluded that Carlson had no new evidence to offer. Because on co-plaintiff Deborah Guaragna-Williams’ *483 (Williams) appeal we had held the same evidence offered at…