McDowell
McDowell v. Herbalife International of America, Inc.
Opinion
Lead Opinion
MEMORANDUM **
Jason McDowell appeals the district court’s judgment awarding damages following a six-day jury trial, and denial of his motion for a new trial, in his diversity action against his employer for breach of a distributorship agreement. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review for abuse of discretion a district court’s denial of a motion for a new trial under Fed.R.Civ.P. 59(a). Hemmings v. Tidyman’s, Inc., 285 F.3d 1174 , 1189 (9th Cir.2002). We review a jury’s award of damages for substantial evidence and will not disturb the award unless it is clearly unsupported by the evidence. In re Exxon Valdez, 270 F.3d 1215, 1247-48 (9th Cir.2001). We review evidentiary rulings for abuse of discretion and will not disturb them absent a showing of prejudice. Defenders of Wildlife v. Bernal, 204 F.3d 920, 927 (9th Cir.2000). We affirm.
Substantial evidence supports the jury’s award of damages. See In re Exxon Valdez, 270 F.3d at 1247-48 (“Reasonable jurors need not accept the views of one side’s expert or the other’s, but may make their own reasonable judgment on the evidence, accepting part, all, or none of any witness’s testimony.”). Accordingly, the…