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Citation22 Ill.2 Mich. App. 88, 138 N.W.2d 501 (Ct. App. 1965) Brief Fact Summary. The Plaintiff, Doutre (Plaintiff), was injured in the Defendants’, Pauline Niec, d/b/a Pauline’s Beauty Shop, and Floyd Niec (Defendants) beauty salon and sued for damages. The trial court disallowed Defendants’ evidence regarding industry standard of care and the jury found for the Plaintiff. A re-trial was ordered, limited to the question of liability only. The Defendants appealed. Synopsis of Rule of Law. In cases where liability is clear, the damages issues alone may be submitted for re ...

Citation22 Ill.24 N.J. 66, 130 A.2d 815 (1957) Brief Fact Summary. The Plaintiff, Fisch (Plaintiff), suffered injuries in a car accident and the jury returned with a small award in his favor. The trial judge submitted that unless the Defendants, Manger and others (Defendants), agreed to an increase in the amount awarded, he would grant a new trial on the damages question alone. Defendants agreed, but the Plaintiff appealed arguing the amount was too small. Synopsis of Rule of Law. Trial judges may grant additurs and remittiturs when substantial justice in the original trial may be achieved ...

Citation22 Ill.122 F.2d 350 (4th Cir. 1941) Brief Fact Summary. The Plaintiff, American Casualty & Surety Co. (Plaintiff), appealed from judgment below stating that the trial judge abused his discretion by not granting a judgment notwithstanding the verdict and ordering a new trial. Synopsis of Rule of Law. The granting or refusing of a new trial is a matter within the discretion of the trial judge and his decision is not reviewable on appeal except for the most exceptional circumstances. ...

Citation22 Ill.172 Kan. 630, 243 P.2d 225 (1952) Brief Fact Summary. The Defendants appeals from denial of a motion for a new trial based on the grounds of jury misconduct. Synopsis of Rule of Law. Jury misconduct is grounds for a motion for a new trial. ...

Citation22 Ill.19 N.J. Misc. 455, 20 A.2d 707 (Cir. Ct. 1941) Brief Fact Summary. The issues in the case centered on whether the Defendant, John C. Hickey, Inc. (Defendant), was negligent or whether the Plaintiff, Robb (Plaintiff), was contributorily negligent. The jury’s verdict found the Defendant to be more negligent than Plaintiff and awarded damages. The court found the jury’s verdict to be vague and ambiguous with regard to the final decision. Synopsis of Rule of Law. A court may mold an informal verdict to render it formal, effective and make it coincide with the substan ...

Citation22 Ill.70 Ill. App. 2d 216, 218 N.E.2d 21 (App. Ct. 1966) Brief Fact Summary. The Plaintiff, Magnani (Plaintiff), sued the Defendant, Trogi (Defendant) on two causes of action. The First was a wrongful death action on behalf of her deceased husband. The second, an action on her own behalf to recover funeral expenses and medical costs. The jury returned a verdict for Plaintiff, but incorrectly delivered the form of the verdict. The trial judge ordered a new trial because of the error. Synopsis of Rule of Law. The decision of a trial court on a motion for a new trial will not be dist ...

Citation22 Ill.344 F.2d 747 (3d Cir. 1965) Brief Fact Summary. The Plaintiff, Roberts (Plaintiff), appeals a decision from the lower court dismissing his claim against the Defendant, Ross (Defendant). The claim was for money owed to Plaintiff by way of an agreement, which allegedly stated Plaintiff would receive a commission for finding a buyer of Defendant’s property in St. Thomas. Synopsis of Rule of Law. Rule 52(a) of the Federal Rules of Civil Procedure (FRCP) requires the trier of facts to find the facts specially and state his conclusions of law thereon with clarity. The findin ...

Citation22 Ill.216 F. Supp. 734 (S.D. Cal. 1963) Brief Fact Summary. The jury in a wrongful death action submitted a general verdict accompanied by interrogatories. The Plaintiffs, the Nollenberger family (Plaintiffs), alleged that the interrogatory answers were inconsistent with the general verdict and requested the court to either (i) submit additional interrogatories to the jury; or (ii) calculate the verdict on the answers given or (iii) grant a new trial. Synopsis of Rule of Law. When special interrogatories are inconsistent with the general verdict, the special interrogatories contro ...

Citation22 Ill.219 F.3d 988 (9th Cir. 2000) Brief Fact Summary. Plaintiffs brought suit against Defendant for the wrongful death of decedent. They asked the District Court for jury instructions to be given which were consistent with a precedential case. The judge refused and the jury found for Defendant. Plaintiff appealed. Synopsis of Rule of Law. District Courts are not relieved from the responsibility of giving a proper instruction when presented with an applicable instruction that raises an important issue of law or directs the court’s attention to a point upon which an instructi ...

Citation22 Ill.913 F.2d 1213 (7th Cir. 1990) Brief Fact Summary. The Plaintiff, Daniel J. Hartwig Associates, Inc. (Plaintiff), received a directed verdict against the Defendant, Kenner (Defendant), in a debt collection case. Defendant appealed arguing a material issue of fact existed as to whether there was a valid contract due to Plaintiff’s alleged misrepresentations made prior to entering the contract, and thus, should have been submitted to a jury. Synopsis of Rule of Law. A court should direct a verdict only if there is no credible evidence to sustain a verdict in favor of the ...

Citation22 Ill.352 U.S. 500, 77 S. Ct. 443, 1 L. Ed. 2d 493 (1957) Brief Fact Summary. The Petitioner, Rogers (Petitioner), sought personal injury damages against the Respondent, Missouri Pacific R.Co. (Respondent), under the Federal Employers’ Liability Act (the Act) and was awarded them by the District Court. The Court of Appeals reversed on the ground that Petitioner’s evidence did not support a finding of Respondent’s liability. Petitioner appealed. Synopsis of Rule of Law. When the probative facts of a case could support a verdict for either litigant, a jury must hea ...

Citation22 Ill.242 Miss. 431, 135 So. 2d 195 (1961) Brief Fact Summary. The Plaintiff, Denman (Plaintiff), sued the Defendant, the Ross estate (Defendant), for personal injuries suffered by Plaintiff due to Defendant’s negligent driving in a car accident. The jury found for Plaintiff, however on Defendant’s motion, the judge granted a judgment notwithstanding the verdict in Defendant’s favor. Synopsis of Rule of Law. A finding of judgment notwithstanding the verdict is correct in cases where the original jury verdict is based on speculative facts. ...

Citation22 Ill.319 U.S. 372, 63 S. Ct. 1077, 87 L. Ed. 1458 (1943) Brief Fact Summary. The Petitioner, Galloway (Petitioner), claimed that his mental insanity was caused by his involvement in the military and sued the Government. The District Court granted the Government’s motion for a directed verdict and held for the Government, citing Petitioner’s lack of sufficient evidence to prove his claim. Petitioner appealed, stating that his Seventh Amendment of the United States Constitution (Constitution) right to a jury trial was denied because of the directed verdict. Synopsis of R ...

Citation22 Ill.500 U.S. 614, 111 S. Ct. 2077, 114 L. Ed. 2d 660 (1991) Brief Fact Summary. The Plaintiff, Edmonson (Plaintiff), appealed the jury decision in his negligence suit citing the Defendant, Leesville Concrete Company’s (Defendant), use of race-based peremptory challenges. Synopsis of Rule of Law. Peremptory challenges cannot be used to exclude prospective jurors based on reasons of race. ...

Citation22 Ill.397 S.W.2d 121 (Tex. Civ. App. 1965) Brief Fact Summary. Lawsuit involved a question of the disqualification of a juror based on bias or prejudice in a child custody case tried before a jury. Synopsis of Rule of Law. Bias, the inclination toward one side or another and pre-judgment prejudice, toward any parties or subject matter, are bases for the disqualification of a juror. However, to disqualify, it must appear that the state of mind of the juror leads to the natural inference that they will not or did not act with impartiality. ...

Citation22 Ill.517 U.S. 370, 116 S. Ct. 1384, 134 L. Ed. 2d 577, 38 U.S.P.Q.2d 1461 (1996) Brief Fact Summary. The Petitioner, Markman (Petitioner), brought a patent infringement suit against the Respondent, Westview Instruments, Inc. (Respondent). The jury interpreted expert witness testimony and held for the Petitioner. The Judge directed verdict for the Respondent stating that the jury interpreted the information incorrectly. Synopsis of Rule of Law. In some cases where it is unclear as to whether a judge or jury should decide upon terms of art in a case that is traditionally decided by ...

Citation391 v. Terry, 494 U.S. 558, 110 S. Ct. 1339, 108 L. Ed. 2d 519, 133 LRRM 2793 (1990) Brief Fact Summary. The Respondents, various unionized workers (Respondents), brought action against the Petitioners, Chauffeurs, Teamster and Helpers Local 391 (Petitioners), their union for violation of the duty of fair representation. Respondents sought compensatory damages in the form of back pay and loss of benefits. Respondents requested and were granted a jury trial by the District and Appellate Courts. The Union appealed. Synopsis of Rule of Law. Claims based on the duty of fair representat ...

Citation22 Ill.415 U.S. 189, 94 S. Ct. 1005, 39 L. Ed. 2d 260 (1974) Brief Fact Summary. The Petitioner, Curtis (Petitioner), sued the Respondent, Loether (Respondent), alleging their failure to rent her an apartment was due to her race. Petitioner sued pursuant to Section:812 of the Civil Rights Act of 1968 (the Act), which entitled either party to demand a jury trial. When Respondent requested a jury trial, the District Court denied the request. Synopsis of Rule of Law. The Seventh Amendment of the United States Constitution (Constitution) does apply to actions enforcing statutory rights ...

Citation22 Ill.359 U.S. 500, 79 S. Ct. 948, 3 L. Ed. 2d 988 (1959) Brief Fact Summary. The Respondent, Fox West Coast Theatres (Respondent), had a contract with movie distributors, which granted it the exclusive right to show first-run movies. The Petitioner, Beacon Theaters (Petitioner), a nearby theatre, threatened to bring an antitrust lawsuit against the Respondent. The Respondent then brought a claim for declaratory relief against Beacon, which in turn, counterclaimed for treble damages and demanded a jury trial. Synopsis of Rule of Law. Under the Federal Rules of Civil Procedure (FRC ...