GONZALEZ ET AL.

v.

COMMERCIAL INSURANCE COMPANY OF NEWARK, NEW JERSEY

Citator

Cited By (40 total)

• Colon Shows v. Jamison Bedding, Inc., 671 F.2d 927 (5th Cir. 1982)
  …d record, operates in harmony with deference to the jury’s determination of the weight of the evidence and the constitutional allocation to the jury of questions of fact. Id.; Massey v. Gulf Oil Corp., 5 Cir. 1975, 508 F. 2d 92, 94-95, cert. denied, 423 U.S. 838, 96 S.Ct. 67, 46 L.Ed.2d 57. When the trial judge sets aside a jury verdict and orders a new trial, however, our deference to him is in opposition to the deference due the jury. Consequently, in this circuit as in several others, we apply a broader…

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• Hewitt v. The B.F. Goodrich Co., 732 F.2d 1554 (11th Cir. 1984)
  …the weight of the evidence our review is particularly stringent to protect the litigant’s right to a jury trial. Shows v. Jamison Bedding, Inc., 671 F. 2d 927, 930 (5th Cir.1982); Massey v. Gulf Oil Corp., 508 F. 2d 92, 95 (5th Cir.), cert. denied, 423 U.S. 838, 96 S.Ct. 67, 46 L.Ed.2d 57 (1975). Three factors, the simplicity of the issues, the extent to which the evidence is in dispute, and the absence of any pernicious or undesirable occurrence at trial, tend to indicate that this court should defer to…

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• Mallis v. Bankers Tr. Co., 717 F.2d 683 (2d Cir. 1983)
  …though an order granting a new trial because the verdict is against the weight of the evidence is generally reviewable for abuse of discretion upon appeal from a final judgment, e.g., Massey v. Gulf Oil Corp., 508 F. 2d 92 (5th Cir.), cert. denied, 423 U.S. 838, 96 S.Ct. 67, 46 L.Ed.2d 57 (1975); Fireman’s Fund Insurance Co. v. Aalco Wrecking Co., 466 F. 2d 179, 185-87 (8th Cir.1972), cert. denied, 410 U.S. 930, 93 S.Ct. 1371, 35 L.Ed.2d 592 (1973), this Circuit has disclaimed the authority to review such…