Hennessey v. Bank of America CA5
After judgment was entered in favor of plaintiffs in this defamation action, defendants moved for a judgment notwithstanding the verdict and a new trial. The trial court denied the motion for judgment notwithstanding the verdict, but granted the motion for new trial, unless plaintiffs consented to a reduction in the damage awards. Plaintiffs accepted the reduction. Defendants appeal, contending judgment notwithstanding the verdict should have been entered in their favor because there was no substantial evidence supporting either liability or damages. Alternatively, they argue the motion for new trial should have been granted without the remittitur because the verdict was against the weight of the evidence and misconduct of plaintiffs’ counsel deprived them of a fair trial. Plaintiffs cross-appeal, challenging the validity of the new trial order.
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