Legal Opinion

Fabri v. United Technologies International, Inc.

Court of Appeals for the Second Circuit

Decided October 21, 2004No. Docket Nos. 03-7090(L), 03-7249(XAP)PublishedCited by 4 opinions

1Opinion of the Court

POOLER, Circuit Judge:

Like Humpty Dumpty, a jury verdict once broken is difficult to put together again. At least, it is difficult to refashion the verdict in a way that accords each party substantial justice. Hence, elementary considerations of fairness support certain procedural obstacles to challenges to a jury’s verdict. For instance, a party who fails to object to the sufficiency of the evidence on a particular claim may lure his opponent into failing to present evidence that would cúre the asserted defect. The Federal Rules provide a prophylactic against such a strategy by requiring…

2Cases cited27 opinions

  1. BMW of North America, Inc. v. GoreSupreme Court of the United States · 1996
  2. State Farm Mutual Automobile Insurance v. CampbellSupreme Court of the United States · 2003
  3. Cooper Industries, Inc. v. Leatherman Tool Group, Inc.Supreme Court of the United States · 2001
  4. Krumme v. WestPoint Stevens Inc.Court of Appeals for the Second Circuit · 2000
  5. Yurman Design, Inc. Plaintiff-Appellee-Cross-Appellant v. Paj, Inc., Doing Business as Prime Art & Jewel, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 2001

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3Cited by4 opinions

  1. Fabri v. United Technologies International, Inc.Court of Appeals for the Second Circuit · 2004
  2. Palm Bay International, Inc. v. Marchesi Di Barolo S.P.A.District Court, E.D. New York · 2011
  3. Medvalusa Health Programs, Inc. v. Memberworks, Inc.Supreme Court of Connecticut · 2005
  4. Medvalusa Health Programs, Inc. v. Memberworks, Inc.Supreme Court of Connecticut · 2005

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