Johnson v. Menard

Citations

• 2021 ND 19

Syllabus

During trial, a party can make a motion for judgment as a matter of law alleging insufficient evidence under N.D.R.Civ.P. 50(a). However, after the jury returns its verdict the party must renew the motion under N.D.R.Civ.P. 50(b) to preserve the sufficiency of the evidence issue for review on appeal. After removing a small claims court action to district court, amending the complaint does not preclude an award of attorney's fees under N.D.C.C. § 27-08.1-04. A court does not abuse its discretion when it uses an itemized bill to award a party attorney's fees under N.D.C.C. § 27-08.1-04. Under N.D.C.C. § 27-08.1-04, a prevailing plaintiff should be awarded reasonable attorney's fees for the district court proceedings and for a successful appeal.