UNITHERM FOOD SYSTEMS, INC. v. SWIFT-ECKRICH, INC.

No. 04-597.

546 U.S. 394 (2006)

UNITHERM FOOD SYSTEMS, INC. v. SWIFT-ECKRICH, INC., DBA CONAGRA REFRIGERATED FOODS

Supreme Court of United States.

Decided January 23, 2006.


Attorney(s) appearing for the Case

Burck Bailey argued the cause for petitioner. With him on the briefs were Greg A. Castro, Jay P. Walters, and Dennis D. Brown.

Malcolm L. Stewart argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Clement, Assistant Attorney General Keisler, Deputy Solicitor General Hungar, Marleigh Dover, and August Flentje.

Robert A. Schroeder argued the cause for respondent. With him on the briefs were John R. Reese, Leigh Otsuka Curran, and John P. Passarelli.


JUSTICE THOMAS delivered the opinion of the Court.

Ordinarily, a party in a civil jury trial that believes the evidence is legally insufficient to support an adverse jury verdict will seek a judgment as a matter of law by filing a motion pursuant to Federal Rule of Civil Procedure 50(a) before submission of the case to the jury, and then (if the Rule 50(a) motion is not granted and the jury subsequently decides against that party) a motion pursuant to Rule 50(b)....

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