Legal Opinion

McSherry v. City of Long Beach

Court of Appeals for the Ninth Circuit

Decided September 7, 2005No. 03-57064PublishedCited by 1 opinion

1Opinion of the Court

D.W. NELSON, Circuit Judge:

Leonard McSherry appeals the district court’s order granting defendant City of Long Beach’s (“City’s”) motion for judgment as a matter of law under Federal Rule of Civil Procedure 50. The court granted defendant’s motion on the first day scheduled for trial, prior to the presentation of any evidence in the case. We conclude that the motion was inappropriately granted, and accordingly reverse and remand the decision.

McSherry also appeals the denial of two evidentiary motions in limine and requests reassignment of the case to a different judge on remand. We cannot…

2Cases cited17 opinions

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Luce v. United StatesSupreme Court of the United States · 1984
Devereaux v. AbbeyCourt of Appeals for the Ninth Circuit · 2001
Christopher Owens Cynthia Hutchins,plaintiffs-Appellants v. Kaiser Foundation Health Plan,inc., a California Corporation,defendant-AppelleeCourt of Appeals for the Ninth Circuit · 2001
Linda Jackson v. Quanex CorporationCourt of Appeals for the Sixth Circuit · 1999

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3Cited by1 opinion

McSherry v. City of Long BeachCourt of Appeals for the Ninth Circuit · 2005