United States District Court, M.D. Louisiana
RULING AND ORDER
A. JACKSON, JUDGE UNITED STATES DISTRICT COURT.
the Court is Plaintiffs' Renewed Motion for
Judgment as a Matter of Law and, Alternatively, Motion for
New Trial. (Doc. 84). Also before the Court is
Plaintiffs' Motion to Alter or Amend Judgment
(Doc. 83). Finally, before the Court is
Defendant's Renewed Motion for Judgment as a
Matter of Law, or in the Alternative, Motion for New Trial
and/or Remittitur. (Doc. 81). Oral argument is not
required. For the reasons stated below, both parties'
Motions are DENIED.
case involves allegations of redhibitory defects and breach
of an express warranty covering certain windows purchased by
Ronald and Kathleen Leo ("Plaintiffs") from the
manufacturer, Jeld-Wen ("Defendant"). A jury trial
was conducted in this matter, after which the jury determined
that the windows purchased from Defendant contained a
redhibitory defect, but that Plaintiffs time to bring a claim
in redhibition had tolled. (Doc. 75). The jury further found
that Defendant breached the terms of the warranty it issued
to Plaintiffs, which caused direct damages to Plaintiffs'
home in the amount of $335, 000.00. (Id.).
Plaintiffs and Defendant move for judgements as a matter of
law, or in the alternative, new trials. Plaintiffs
additionally move to have the judgement altered or amended.
STANDARD OF REVIEW
Motion for Judgment as a Matter of Law
of judgment as a matter of law is appropriate if the
defendant shows that a reasonable jury would not have a
legally sufficient evidentiary basis to find for the
plaintiffs on the issue. See FED. R. ClV. P. 50(a).
In deciding if the defendant has made such a showing, the
court draws reasonable inferences in the light most favorable
to the plaintiffs. See Alonso v. Westcost Corp., 920
F.3d 878, 882 (5th Cir. 2019). Because the court's
jurisdiction is based on diversity of citizenship, the court
looks to Louisiana law "for the kind of evidence that
must be produced to support a verdict." Goodner v.
Hyundai Motor Co., 650 F.3d 1034, 1040 (5th Cir. 2011).
Motion for a New Trial
Rule of Civil Procedure 59(a)(1)(A) provides that the court
"may, on motion, grant a new trial on all or some of the
issues - and to any party - . . . after a jury trial, for any
reason for which a new trial has heretofore been granted in
an action at law in federal court." Fed.R.Civ.P.
59(a)(1)(A). "The decision to grant or deny a motion for
new trial is within the sound discretion of the trial court.
. ." Pryor v. Trane Co., 138 F.3d 1024, 1026
(5th Cir. 1998).
Motion to Alter or Amend a Judgment
a motion to alter or amend a judgment "such a motion is
not the proper vehicle for rehashing evidence, legal
theories, or arguments that could have been offered or raised
before the entry of judgment." Simon v. United
States, 891 F.2d 1154, 1159 (5th Cir. 1990). Rather,
Rule 59(e) "serve[s] the narrow purpose of allowing a
party to correct manifest errors of law or fact or to present
newly discovered evidence." Waltman v. Int'l
Paper Co., 875 F.2d 468, 473 (5th Cir. 1989) (internal
quotations omitted). Reconsideration of a judgment after its
entry is an extraordinary remedy that should be used
sparingly. Clancy v. Employers Health Ins. Co., 101
F.Supp.2d 463, 465 (E.D.La.2000).
Plaintiffs' Motion for Judgement as ...