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Insights on appellate issues, trial consultations, and evaluating appeals

Horvitz Levy LLP
The Appellate Strategist

Insights on appellate issues, trial consultations, and evaluating appeals

> Key Posts > Why File A Post-Trial Motion?

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Punitive Damages

1. Snatch victory from the jaws of defeat. A new trial motion gives the trial judge a chance to cut the jury’s punitive verdict, eliminate it altogether, or grant a new trial. A successful motion for judgment notwithstanding the verdict (JNOV) – known as JMOL in federal court – lets the trial judge declare the party who lost at trial the winner . These motions can be powerful tools for defendants, particularly useful in cases of large punitive awards. The trial judge has considerable power to reduce an excessive verdict or order a new trial.

1. Snatch victory from the jaws of defeat. the winner

2. Preserve issues/avoid waiver for appeal. In many states, a defendant who lost at trial must raise certain issues by way of a post-trial motion in order to preserve the right to raise that issue on appeal. That is increasingly true of punitive damage verdicts the defendant believes are excessive under federal constitutional law. A growing number of courts around the country are concluding that an excessiveness challenge may only be raised on appeal if the defendant has first filed a new trial motion on that ground.

2. Preserve issues/avoid waiver for appeal.

3. Create a record for appeal. The cardinal rule of appellate practice is: if it’s not in the record, it doesn’t count. (See Ch. 2A, Imre Schiavelli, Preserving the Record for Appeal, California Civil Appellate Practice (CEB 2005). Often, filing a post-trial motion is the only way to get a critical fact, issue or error into the record. Otherwise, the appellate court probably won’t not consider it, even if it wanted to.

3. Create a record for appeal. if it’s not in the record, it doesn’t count.

4. Strategic advantages. Defendant’s settlement leverage is usually at its lowest point just after the jury has rendered a large verdict. Many plaintiffs consider a judgment, however exorbitant, to be “money in the bank.” Strong, tightly-constructed post-trial motions can help bring the opponent back down to earth, forcing plaintiffs’ counsel to confront the weaknesses in his or her case. And often, a post-trial motion serves a secondary strategic purpose: to get a preview of plaintiff’s arguments on appeal. This can provide a distinct tactical advantage when it comes to preparing the first appellate brief.

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Are Supplements Nutritional Nonsense?

SAEED KHAN/AFP/Getty Images

If the New England Patriots win the Super Bowl this year, we’ll hear a number of reasons why. Maybe they practiced harder. Maybe they ran better plays. Or maybe quarterback Tom Brady’s nutrition was key.

Brady’s TB12 program emphasizes diet, exercise and a number of health claims best described as “unsubstantiated.”

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But is it all a waste of money? Research on supplements deflates some of their lofty health claims . And these claims can be perilously opaque. As the University of California, Berkeley, notes :

Sometimes, the labels aren’t even accurate. In 2013, a study found that many healing herb pills were filled with “powdered rice and weeds.”

That’s not to say it’s all junk, though. The frequency of new studies on various supplements and vitamins shows that there’s some interest in finding the truth. But… what do we know now, and how can it help us make smarter decisions about what we’re buying and taking?

• A label can say “helps improve your mood” but can’t say “reduces depression.” • It can say “maintains a healthy circulatory system” but not “prevents cardiovascular disease.” • It can say “maintains cholesterol in a healthy range” but not “lowers cholesterol.” • It can say “supports the immune system” but not “helps prevent colds and flu.”

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Acrobat 3D toolkit

Questions and answers about 3Dconnexion devices on Windows.

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Post by DavidScD » Tue Jun 12, 2007 6:25 am

DavidScD
Just installed SpaceNav and working fine with Solid Edge, Sketchup, and Acrobat 3D but won't do anything with in the Acrobat 3D Toolkit environment which is where the animations for Acrobat 3D are created. Any thoughts on what I've done wrong/ failed to do/ am missing?
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Tue Jun 12, 2007 8:09 am

agoenczi
Hi DavidScD Unfortunately Acrobat 3D Toolkit isn't supported at the time. But let me double-check... I will give you a definitive answer tomorrow...
agoenczi

Post by sorin » Tue Jun 12, 2007 9:19 am

acrobat 3d toolkit is a rebranding of right hemisphere's deep exploration, they just bought the rights to distribute it with acrobat, it's not adobe's software. if deep exploration supports SN acrobat toolkit will.

Post by agoenczi » Tue Jun 12, 2007 11:27 pm

Hi DavidScD I can confirm you: there is no support for Acrobat 3D Toolkit for 3D mice at the time. However 3Dconnexion appreciate such feedback as yours.
agoenczi

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by DavidScD » Wed Jun 13, 2007 12:26 am

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