There are a few different ways that an unhappy defendant might try to challenge a verdict in your favor. Each time, you need to be prepared to respond even if the allegations are very off base or it seems like the defendant is drawing at straws. Any of these actions asks a court to throw out the jury’s hard work in your favor:
The court may have resolved certain issues in your favor before the case even went to trial. If you and the defendant agreed on certain important facts about the case, the court may have decided that you had a right to win the case without any input from a jury. When that happens, the defendant might later try to challenge that decision. If that’s the case, we’re prepared to respond with the law. We’ll point the court to places in the record that show the undisputed facts. This can help the reviewing court have confidence in the lower court’s determination in your favor.
The defendant might tell a higher court that the lower court made decisions about evidence that made the trial unfair. They might say that the court should have allowed an expert witness to testify about the case. They might say that the court should have excluded pieces of evidence that they admitted.
Even proceedings that have to do with the people on the jury can be the subject of a defendant’s challenge after trial. They might claim that a juror showed bias. A defendant can argue that it’s unfair that the court left someone on the jury that showed signs of bias.
The other side might also ask the court to issue a judgment in their favor despite the jury verdict. Even though this type of motion is hard to win, if the court thinks that the jury clearly made the wrong decision, they can enter a judgment notwithstanding the verdict. The judge’s decision might invalidate the entire verdict, or it just might reduce the amount of damages. If the defense makes this type of motion, our attorneys for upholding plaintiffs’ jury verdicts can help you prepare the appropriate response.