Skip to main content
Supreme Court· 4/24/1967

Neely v. Martin K. Eby Construction Co., Inc.

Citations

  • 386 U.S. 317
  • 87 S. Ct. 1072
  • 18 L. Ed. 2d 75
  • 1967 U.S. LEXIS 2865

How courts have described this case

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

  • holding that an order conditionally granting or denying a motion for new trial under Federal Rule of Civil Procedure 50(c) or (d
  • indicating that an appellate court can determine the necessity of a remand where the plaintiff loses his jury verdict by a JNOV
  • holding that an order conditionally granting or denying a motion for new trial under Federal Rule of Civil Procedure 50(c) or (d) is renewable in conjunction with an appeal from the grant or denial of a renewed motion for judgment as a matter of law under Rule 50(b)
  • holding no ironclad rule exists dictating that the court of appeals should never order judgment for a defendant when the plaintiff's verdict has been set aside on appeal.
  • recognizing courts’ authority to enter judgment under Rule 50 on appeal
  • noting that the court of appeals may refer the question of the appropriateness of a new trial to the district court when it reverses the grant of judg- ment notwithstanding the verdict

Source: CourtListener parenthetical corpus (CC0).

Judges: White, Black, Douglas, Fortas, Rule

Read full opinion on CourtListener

Cited by

159 cases in this archive cite this case; the 20 most cited are listed.

Cites

39 cases in this archive are cited by this case; the 20 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.