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Federal Rules of Civil Procedure (FRCP) QUESTION #3697
Question 1
A plaintiff sues a defendant in federal court. After the plaintiff rests at trial, the defendant moves for JMOL under Rule 50(a). The judge denies the motion. The defendant then presents evidence and rests. The jury returns a verdict for the plaintiff. The defendant does NOT file a renewed JMOL within 28 days. Can the defendant challenge the sufficiency of the evidence on appeal?
  • Yes, because the Rule 50(a) motion preserved the issue.
  • No, a post-verdict motion under Rule 50(b) is required to preserve a challenge to the sufficiency of the evidence on appeal.✔️
  • Yes, under the plain error doctrine.
  • No, unless the judge specifically invited an appeal.
Correct Answer Explanation
According to the Supreme Court in Unitherm Food Systems, Inc. v. Swift-Eckrich, Inc., a party's failure to file a Rule 50(b) motion post-verdict precludes an appellate court from reviewing the sufficiency of the evidence.