Kluver v. SGJ Holdings

Citations

• 988 N.W.2d 569
• 2023 ND 65

Syllabus

A party moving for a new trial is limited on appeal to the issues raised in its new trial motion. A district court considering a new trial motion based on insufficiency of the evidence may set aside a jury verdict when, in considering and weighing all the evidence, the court's judgment tells it the verdict is wrong because it is manifestly against the weight of the evidence. A qualified privilege does not provide immunity from liability for defamation if the privilege is abused. To defeat a qualified privilege under N.D.C.C. § 14-02-05(3), the plaintiff must prove actual malice by showing the statement was made with malice in fact, ill will, or wrongful motive.