When will a motion for a new trial be reviewed on appeal?
MultiRegion, United States of America
The following excerpt is from Zhang v. Liang Zhang, 19-683-cv (2nd Cir. 2020):
Second, the district court did not err in denying, as an alternative ground, plaintiffs' motion for a new trial under Rule 59 because the jury verdict was not against the weight of the evidence. See S. App'x 14-16. It is well established that "a district court's denial of a motion for [a] new trial on weight-of-the-evidence grounds is not reviewable on appeal." Rasanen v. Doe, 723 F.3d 325, 330 (2d Cir. 2013). Hence, plaintiffs' argument is unavailing.2
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