Mattes

MEMORANDUM **

Steven Mattes, a high stakes blackjack player, appeals the district court’s order setting aside an $8 million jury verdict in his favor and granting a new trial, and its subsequent grant of summary judgment in favor of Appellees Park Place Entertainment Corp. and Parball Corp. d/b/a ParisLas Vegas and Bally’s-Las Vegas (collectively, “Paris”), which were erroneously sued under other names. Mattes argues that the jury verdict was proper and should not have been set aside, and that even if that ruling is upheld, the district court should not subsequently have granted summary judgment to Paris in lieu of a new trial. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm in all respects.

We conclude that the jury’s verdict was contrary to the clear weight of the evidence; therefore, the district court did not abuse its discretion in granting a new trial. United States v. 4.0 Acres of Land, 175 F.3d 1133, 1139 (9th Cir.1999); Landes Constr. Co. v. Royal Bank of Can., 833 F.2d 1365, 1371 (9th Cir.1987).

The breach of contract verdict was against the clear weight of the evidence because there was no substantial evidence that Paris agreed that the credit…