Prendeville

MEMORANDUM *

John Prendeville (“Prendeville”) appeals the district court’s grant of a motion for new trial and offer of remittitur. Prendeville brought suit against his former employer, Bovis Lend Lease LMB, one of its employees, Samuel Singer, and Singer’s public relations firm, GCI Group (collectively “Defendants”), alleging defamation. A jury found for Prendeville and awarded $850,000 as compensatory damages. The district court found the jury award excessive and the result of passion or prejudice. Defendants’ motion for a new trial was granted. In the alternative, the district court offered Prendeville remittitur in the sum of $50,000. Prendeville declined the remittitur and a second jury found for Defendants.

Prendeville asserts that the district court’s finding that Prendeville was a limited public figure is erroneous and that two jury instructions were defective.

I

We review a ruling on a motion for new trial pursuant to Rule 59(a) for abuse of discretion. See McEuin v. Crown Equip. Corp., 328 F.3d 1028, 1032 (9th Cir.2003), cert. denied, 540 U.S. 1160 , 124 S.Ct. 1169 , 157 L.Ed.2d 1204 (2004).

A

When a district corut concludes that a damage award is excessive, after…