Wednesday, March 20, 2013

Are you dizzy yet?

The procedural history in this case must have been maddening.
The Complaint was filed in July 2005.
Cross-motions for Summary Judgment were denied in March 2008
One year later the Court sua sponte held a hearing to reconsider.
Six months after that, the Court granted Defendant’s motion for Summary Judgment.
The 4th Circuit reversed on appeal a year after that.
Three months later Defendant asked to amend its Answer to add preclusion defenses.
The motion was denied as untimely, but in November 2011 Defendant made a new motion to amend and a motion for summary judgment based on the amendment, citing a different, more recent favorable decision.
The case went to trial with those motions outstanding.
Trial began in January 2012.
Jury found for the Plaintiff.
Defendant renewed its Motion to Amend and Motion for Summary Judgment (now a Motion for Judgment as a Matter of Law).
The Court granted the motions and vacated the judgment of the jury.
Plaintiff (it won at trial but lost in post-trial motions in case you’re lost) filed an appeal.
On March 14, the 4th Circuit granted the appeal and re-instated the jury verdict.

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