New Trial

News & Analysis as of

Supreme Court Decides Warger v. Shauers

On December 9, 2014, the U.S. Supreme Court decided Warger v. Shauers, No. 13-517, holding that Rule 606(b) of the Federal Rules of Evidence bars a federal court from considering evidence of a juror's comments during...more

California Trial Court Orders New Trial On Claim that Recology Violated CFCA

A California trial court recently overturned a jury verdict finding Recology San Francisco liable for violating the California False Claims Act (CFCA) and granted Recology’s motion for a new trial. The court’s ruling comes...more

Former UBS Banker Trial Begins in Florida

Opening statements were heard on Tuesday and the first government witness testified yesterday in the trial of ex-UBS AG banking executive Raoul Weil. Prosecutors have sought to show him as the driving force behind the bank’s...more

Opinion Underlying JMOL May Still Provide Basis for a New Trial, Even if JMOL Is Defective

Medisim Ltd. v. BestMed LLC - Addressing preservation of the right to submit post-trial motions, the U.S. Court of Appeals for the Federal Circuit vacated a lower court’s rulings on judgment as a matter of law (JMOL)...more

First Circuit Reverses District Court Order Granting New Trial

Appellate courts do not often reverse a trial judge’s decision to grant a new trial, so we took notice when the First Circuit did so in United States v. Carpenter. Given the case history, the First Circuit decision should...more

Texas Dramatically Expands Review of New Trial Orders

Traditionally, Texas trial court judges have enjoyed a virtually unlimited power to order new trials “in the interest of justice.” The Texas appellate courts have refused to review almost all new trial orders. This has led to...more

The Merits of New Trial Orders by Texas Courts Are Now Subject to Appellate Review

For many decades, parties in Texas courts did not have any right to appellate review of a trial court’s new trial order and trial courts were not required to specify their reasons for setting aside a jury’s verdict. E.g.,...more

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