New Trial

News & Analysis as of

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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