The following excerpt is from Chartschlaa v. Nationwide Mut. Ins. Co., 538 F.3d 116 (2nd Cir. 2008):
judgment as a matter of law under Federal Rule of Civil Procedure 50(b), applying the same standard that the district court was required to apply. Diesel v. Town of Lewisboro, 232 F.3d 92, 103 (2d Cir.2000). Thus, we "consider the evidence in the light most favorable to the non-moving party and give that party the benefit of all reasonable inferences from the evidence that the jury might have drawn in that party's favor." Id. Whether a cause of action belongs to a bankruptcy estate is a question of law, which we review de novo. See In re Swift, 129 F.3d 792, 795 (5th Cir.1997).
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