What is the test for denying a motion for judgment as a matter of law de novo?

MultiRegion, United States of America

The following excerpt is from Garnett v. Undercover Officer C0039, 838 F.3d 265 (2nd Cir. 2016):

This court reviews a district court's denial of a motion for judgment as a matter of law de novo. Manganiello v. City of New York , 612 F.3d 149, 161 (2d Cir. 2010). In doing so, the court appl[ies] the same standards that are required of the district court. Id. (internal quotation marks and citation omitted). Accordingly, the court must draw all reasonable inferences in favor of the nonmoving party, may not make credibility determinations or weigh the evidence[,] and must disregard all evidence favorable to the moving party that the jury is not required to believe. Id. (internal quotation marks, emphases, and citations omitted).

Other Questions


For the purposes of denying a motion for judicial review of a decision by the Board of Arbitration for Justice denying an application to review the denial of the motion, in what circumstances will the motion be reviewed? (MultiRegion, United States of America)
Is a motion for judgment as a matter of law reviewed de novo? (MultiRegion, United States of America)
Does the Court have jurisdiction to hear a motion denying a motion to dismiss for lack of subject matter jurisdiction? (MultiRegion, United States of America)
What is the test for denying a motion to overturn an order of the Court of Appeal denying the motion? (MultiRegion, United States of America)
Is a motion for review of the sufficiency of the evidence waived if the accused fails to make a motion of judgment of acquittal before the matter is sent to the jury? (MultiRegion, United States of America)
Is a Rule 50 motion for judgment as a matter of law de novo? (MultiRegion, United States of America)
What is the test for a motion for judgment as a matter of law de novo? (MultiRegion, United States of America)
What is the test for denying a motion for judgment as a matter of law? (MultiRegion, United States of America)
Can a motion to dismiss a motion by dismissal rather than by judgment be disposed of by judgment? (MultiRegion, United States of America)
When a motion to dismiss a preliminary injunction has been granted by the Court of Appeal, when the motion is also dismissed by the District Court on the basis of a failure to exhaust tribal remedies, does the motion merge into the final judgment? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.