The following excerpt is from Adams v. United States, D.C. No. 4:03-cv-00049-BLW, No. 10-35458, No. 10-35592 (9th Cir. 2011):
4. We review de novo the denial of a Rule 50(b) motion for judgment as a matter of law. EEOC v. Go Daddy Software, Inc., 581 F.3d 951, 961 (9th Cir. 2009). Reversal is warranted where, construing "the evidence in the light most favorable to the nonmoving party," "the evidence permits only one reasonable conclusion, and that conclusion is contrary to the jury's verdict." Id. (internal quotation omitted).
5. We review the formulation of jury instructions for abuse of discretion and de novo with respect to misstatements of law. Dang v. Cross, 422 F.3d 800, 804 (9th Cir. 2005).
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