Is a denial of a motion for a new trial reviewable?
MultiRegion, United States of America
The following excerpt is from McKinney v. Cent. Hudson Gas & Elec. Corp., 15-1188 (2nd Cir. 2016):
However, though we do not review the district court's weighing of the evidence, a denial of a motion for a new trial "is plainly reviewable to the extent that the challenge is that the district court applied the wrong legal standard." Piesco v. Koch, 12 F.3d 332, 344 (2d Cir. 1993). The court below ruled that it was inappropriate to set aside the jury verdict because the resolution of issues at trial depended on an assessment of witness credibility, and,
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