California Supreme Court

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Petition for review denied

August 13, 2014

U.S. Chamber asks California Supreme Court to review decision allowing plaintiff a second bite at the evidence apple with a new damages-only trial

June 30, 2014

In its letter brief, the U.S. Chamber asked the California Supreme Court to grant review of the Court of Appeal’s decision which created a rule allowing a plaintiff to have a new trial limited to the issue of damages even after that plaintiff failed to present substantial evidence despite having the opportunity to do so. The Chamber argues that this decision conflicts with established case law mandating that, where a plaintiff submits insufficient evidence at trial after a full and fair opportunity to present its best case, the defendant is entitled to judgment notwithstanding the verdict (JNOV). The brief points out that the Court of Appeal’s opinion in this case casts doubt on the decades of precedent holding that, if a plaintiff has had a full and fair opportunity to put on its case but has presented insufficient evidence at trial, it is not entitled to a new trial, and judgment must be entered in the defendant’s favor.

H. Thomas Watson and John F. Querio of Horvitz & Levy LLP represented the U.S. Chamber as co-counsel to the U.S. Chamber Litigation Center in this case.

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