No. 20-52

Yeitza Marie Aponte-Bermudez v. Eligio Colón, et al.

Lower Court: First Circuit
Docketed: 2020-07-22
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: civil-procedure due-process expert-testimony federal-courts judgment-as-a-matter-of-law jury-evaluation jury-trial law-of-the-case rule-50
Latest Conference: 2020-09-29
Question Presented (from Petition)

1. May a federal district court consistent with this
Court's "the law of the case" doctrine grant judgment asa
matter of law under Fed. R. Civ. P. 50(a) to respondents
after petitioner had submitted her case in chief to the jury
when the court before trial had already ruled that it was
"up to the jury to evaluate [this] evidence" proving
respondents were negligent?

2. Is due process denied and Rule 50(a) protocol
undermined when the court of appeals fails to harmonize
the district court's pretrial ruling declaring that
petitioner's expert evidence of respondents' negligence
was fit for a jury's evaluation with its later dismissal of
her claims during trial without identifying what new
evidence had been adduced or what facts had changed to
warrant this new ruling?

Question Presented (AI Summary)

May a federal district court consistent with the law-of-the-case doctrine grant judgment as a matter of law under Fed. R. Civ. P. 50(a) to respondents after petitioner had submitted her case in chief to the jury when the court before trial had already ruled that it was up to the jury to evaluate the evidence proving respondents were negligent?

Docket Entries

2020-10-05
Petition DENIED.
2020-09-09
DISTRIBUTED for Conference of 9/29/2020.
2020-08-12
Waiver of right of respondent Carmen Gloria Fernandez Torres, Eligio Rafael Colon Fernandez, Luis Alberto Colon Fernandez, et al. to respond filed.
2020-07-13
Petition for a writ of certiorari filed. (Response due August 21, 2020)

Attorneys

aponte-bermudez
Dennis P. Derrick — Petitioner
Carmen Gloria Fernandez Torres, Eligio Rafael Colon Fernandez, Luis Alberto Colon Fernandez, et al.
Francisco J. Colon-PaganColon & Colon PSC, Respondent