Appellate Law

Eleventh Circuit Applies Unusual "Extremely Stringent" Standard of Review

The Eleventh Circuit applies an "extremely stringent" standard to review a new trial order based on a district court's finding that a jury verdict is against the great weight of the evidence.  Auto-Owners Ins. Co. v. Southeast Floating Docks, Inc. et al., No. 08-14133 (11th Cir. June 16, 2009).  The Court explained that, "this more rigorous standard of review ensures the district court does not simply substitute its own credibility choices and inferences for the reasonable choices and inferences made by the jury."  The Eleventh Circuit applies a more deferential standard when a new trial order is based on jury misconduct "or other prejudicial trial events that 'contaminate' the jury's deliberative process."   

Full post as published by Alabama Appellate Watch on June 30, 2009 (boomark / email).