What is the test for granting a new trial on the grounds that the verdict was against the weight of the evidence for abuse of power?

MultiRegion, United States of America

The following excerpt is from Amorgianos v. National R.R. Passenger Corp., 303 F.3d 256 (2nd Cir. 2002):

This court reviews the grant of a new trial on the ground that the verdict was against the weight of the evidence for abuse of discretion. Farrior v. Waterford Bd. of Educ., 277 F.3d 633, 634 (2d Cir.) (per curiam), cert. denied, ___ U.S. ___, 122 S.Ct. 2661, 153 L.Ed.2d 836 (2002). Granting a new trial on that basis "is appropriate if `the jury has reached a seriously erroneous result or ... the verdict is a miscarriage of justice.'" Id. (quoting DLC Mgmt. Corp. v. Town of Hyde Park, 163 F.3d 124, 133 (2d Cir.1998) (alteration in original)).

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