What is the test for sufficiency of evidence in a motion for a directed verdict?
MultiRegion, United States of America
The following excerpt is from Smith v. Sumner, 994 F.2d 1401 (9th Cir. 1993):
With respect to sufficiency of the evidence, if a party has not moved for a directed verdict, our "inquiry is limited to whether there was any evidence to support the jury's verdict, irrespective of its sufficiency, or whether plain error was committed which, if not noticed, would result in a 'manifest miscarriage of justice.' " Herrington v. Sonoma County, 834 F.2d 1488, 1500 (9th Cir.1987) (emphasis added), cert. denied, 489 U.S. 1090, 109 S.Ct. 1557, 103 L.Ed.2d 860 (1989).
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