in Re: Zimmer, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that factual insufficiency of the evidence to support the jury’s verdict; if established, is a legally proper reason for granting a new trial
• noting that factual insufficiency of the evidence to support the jury’s verdict, if established, is a legally proper reason for granting a new trial
• “A proceeding under rule 327 is not complete, however, upon the filing of the affidavits.”
• “We conclude the trial court abused its discretion in granting [a] new trial based only on affidavit evidence of juror misconduct.”
• “[A]ffidavits attached to a motion for new trial alleging juror misconduct are neither evidence nor admissible as such on the hearing for a new trial on the ground of jury misconduct.”
• “[A] trial court may properly deny a motion for new trial when a party alleging jury misconduct relies only on affidavits and fails to request a hearing on his motion and offer live testimony proving misconduct.”

Source: CourtListener parenthetical corpus (CC0).