Legal Opinion

Mark T. Dunn, Trustee in Bankruptcy for the Estate of Steven D. Stone v. Truck World, Incorporated, and Don Schwalbach

Court of Appeals for the Seventh Circuit

Decided April 5, 1991No. 90-3641PublishedCited by 23 opinions

1Opinion of the Court

EASTERBROOK, Circuit Judge.

The loser in civil litigation may ask a district court to grant a new trial, or otherwise alter the judgment, “not later than 10 days after entry of the judgment.” Fed.R. Civ.P. 59(b) and (e). May the losing party file such a motion before judgment? If so, what effect does such a motion have on appellate jurisdiction?

The jury returned a verdict of $50,000 for the plaintiff on May 17, 1990. While the jury was deliberating, the district judge had asked for memoranda on the question whether the court had given the jury the proper instruction concerning causation. The…

2Cases cited8 opinions

Budinich v. Becton Dickinson & Co.Supreme Court of the United States · 1988
Osterneck v. Ernst & WhinneySupreme Court of the United States · 1989
Firstier Mortgage Co. v. Investors Mortgage InsuranceSupreme Court of the United States · 1991
William H. Addington v. Farmer's Elevator Mutual Insurance Company, a CorporationCourt of Appeals for the Fifth Circuit · 1981
Exchange National Bank of Chicago v. Harold Daniels and Irene DanielsCourt of Appeals for the Seventh Circuit · 1985

3 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

Doris Keeton v. Morningstar, IncorpCourt of Appeals for the Seventh Circuit · 2012
Noel Borrero v. City of ChicagoCourt of Appeals for the Seventh Circuit · 2006
Havird Oil Company, Incorporated v. Marathon Oil Company, Incorporated, and Emro Marketing Company, IncorporatedCourt of Appeals for the Fourth Circuit · 1998
Cintas Corporation v. PerryCourt of Appeals for the Seventh Circuit · 2008
R.L. Coolsaet Construction Co. v. Local 150, International Union of Operating Engineers, Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1999

18 more not listed; retrieve them via the Exa API.