What is the test for abuse of discretion in denying a motion for a new trial?
MultiRegion, United States of America
The following excerpt is from Dalessandro v. Cnty. of Nassau, 18-543 (2nd Cir. 2019):
1. "A denial of a Rule 59 motion for a new trial is reviewed for abuse of discretion, which occurs when (1) the decision rests on an error of law . . . or a clearly erroneous factual finding, or (2) the decision--though not necessarily the product of a legal error or a clearly erroneous factual finding--cannot be located within the range of permissible decisions." Harris v. O'Hare, 770 F.3d 224, 231 (2d Cir. 2014) (internal quotation marks omitted).
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