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FABRI v. UNITED TECHNOLOGIES INTERN., INC.

Docket Nos. 03-7090(L), 03-7249(XAP).

387 F.3d 109 (2004)

Juan F. FABRI, Sr., and Juan F. Fabri, Jr., d/b/a Juan F. Fabri, Plaintiffs-Intervenors-Defendants-Appellees-Cross-Appellants, v. UNITED TECHNOLOGIES INTERNATIONAL, INC., United Technologies Corporation and Sikorsky Aircraft Corporation, Defendants-Appellants-Cross-Appellees, Bogle & Gates, PLLC, Intervenors-Plaintiffs.

United States Court of Appeals, Second Circuit.

Decided: October 21, 2004.

Attorney(s) appearing for the Case

Evan A. Davis, Cleary, Gottlieb, Steen & Hamilton, New York, N.Y. (Beth M. Sasfai, on the brief), for Defendants-Appellants-Cross-Appellees.

Edward T. Krumeich, Ivey, Barnum & O'Mara, LLC, Greenwich, CT (Al Van Kampen, Rohde & Van Kampen PLLC, Seattle, WA, on the brief), for Plaintiffs-Intervenors-Defendants-Appellees and Cross-Appellants.

Before: FEINBERG, CABRANES, and POOLER, Circuit Judges.

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...

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