Karn

MEMORANDUM **

Plaintiff Jennifer Earn sued her employer, Defendant David Hanson, claiming sexual harassment, retaliation, and sex discrimination on the basis of her pregnancy, in violation of Montana’s Human Rights Act, Mont.Code Ann. § 49-1-102, and Title VII of the Civil Rights Act of 1964. A federal jury found Defendant hable but awarded Plaintiff no monetary damages. The district court ordered a new trial on the issue of compensatory damages, but Plaintiff appeals several other rulings.

1. Plaintiff attempts to appeal the district court’s denial of a motion for directed verdict as to punitive damages. Plaintiff made no such motion below and, thus, failed to preserve the issue for appeal. See Hormel v. Helvering, 312 U.S. 552, 556 , 61 S.Ct. 719 , 85 L.Ed. 1037 (1941) (“Ordinarily an appellate court does not give consideration to issues not raised below.”).

2. It is irrelevant whether the district court erred in not granting a directed verdict as to Plaintiffs discrimination and retaliation claims because the jury found for Plaintiff as to both claims.

3. The district court did not abuse its discretion in denying Plaintiffs motion for a new trial on the issue of general…