Giant Eagle, Inc. v. Federal Insurance

OPINION

ZIEGLER, Chief Judge.

Pending before the court is the motion of plaintiff, Giant Eagle, Inc. (“Giant Eagle”), for judgment as a matter of law pursuant to Fed.R.Civ.P. 50(b) or, in the alternative, for a new trial. Giant Eagle contends that defendant, Federal Insurance Company (“Federal”), failed to sustain the burden of proving its claim for reformation of an insurance contract by clear and convincing evidence and that plaintiff is entitled to judgment n.o.v. In addition, plaintiff renews its objection to our pretrial ruling that Federal was entitled to a jury trial pursuant to the…