Yahoo! Inc. v. National Union Fire Insurance Company of Pittsburgh, PA

I. INTRODUCTION

15 Defendant National Union Fire Insurance Company of Pittsburgh, PA (“National Union”) 16 renews it motion for judgment as a matter of law on Plaintiff Yahoo! Inc.’s (“Yahoo”) bad faith 17 claim and on Yahoo’s claim for attorney fees under Brandt v. Superior Court, 37 Cal.3d 813, 817 18 (1985). In the alternative, National Union requests a limited new trial on Brandt fees or remittitur 19 of the jury’s $618,380.00 award. For the reasons set forth below, National Union’s motion will be 20 denied. 21

II. STANDARDS

22 Federal Rule of Civil Procedure 50(b) authorizes any party to renew a Rule 50(a) motion 23 after trial and include an alternative or joint request for a new trial under Rule 59. In ruling on a 24 renewed motion, the court may: (1) allow the judgment on the verdict; (2) order a new trial; or 25 (3) direct entry of judgment as a matter of law. Fed.R.Civ.P. 50(b). A motion under Rule 50(b) 26 should be granted if the evidence permits only one reasonable conclusion and it is contrary to the 27 Case No.: 5:17-cv-00489-EJD 1 jury’s verdict. Gilbrook v. City of Westminster, 177 F.3d 839, 864 (9th Cir. 1999). “A jury’s verdict 2 must be upheld…