Galena Ex Rel. Erie County v. Leone

My colleagues have presented a learned exegesis on First Amendment law which, if raised in a pretrial context, may well carry the day. I differ because they fail (in my opinion) to give sufficient weight to yet another constitutional imperative — that grounded in the Seventh Amendment which requires judges to give higher weight to a jury’s interpretation of the facts than to their own predilections.

In this case, they affirm the District Court’s bold step overturning the jury’s verdict for allegedly insufficient evidence. I respectfully dissent. Drawing all reasonable inferences in favor of…