3rd Quarter - Class #7 - 5-21-07

Class will use "Meet and Confer" phone conference tonight at 7:30 pm -

call 866-316-1517 and then dial in passcode = 22069158

Motion for New Trial

1. Read information on Motion for new Trial - http://mycivpro.pbwiki.com/new-trial-rules

2. Analyze this question:

Kopp, a police officer, attempted to arrest Strong, a young man, in a bar. An altercation resulted in punches, finally Kopp knocked out Strong with her blackjack. Strong subsequently sued Kopp for damages for assault. All six other persons present in the bar testified that Kopp was the aggressor and that Strong tried to avoid the altercation. The jury returned a verdict for Kopp. Within 10 days Strong moved for a new trial but the motion papers were lost in the mail until 25 days later.

A. Under the Federal Rules, may the judge grant a new trial? Could he grant a post-verdict judgment as a matter of law in favor of Strong?

B. Is the answer different under state practice?