Heller International Corp. v. Sharp

BAUER, Chief Judge.

Heller International appeals the district court’s denial of its motion for a judgment *852notwithstanding the verdict or, alternatively, for a new trial. Heller contends that the district court’s refusal to give a proffered jury instruction requires reversal of the judgment and remand for a new trial. Given the facts presented here, we agree. Heller also appeals the district court’s award of costs to defendants as prevailing parties under Federal Rule of Civil Procedure 54(d). That claim is rendered premature by our reversal of the judgment, and the cost award will have to be…