How cited: Edward C. Denneny and Catherine Denneny v. Bernard Siegel, Louis H. Block and the Albert … · Go Syfert

Edward C. Denneny and Catherine Denneny v. Bernard Siegel, Louis H. Block and the Albert Einstein Medical Center (1969)

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Treatment trajectory · 1968 → 2026 · click a year to view the case as of then
196819972026
Rule Authority · Fed. Cir. · 2 citations in this opinion
Many illustrations of the requisite standard of appellate review of jury verdicts appear in the precedent of the Third Circuit. 1 E.g., Chuy v. Philadelphia Eagles Football Club, 595 F.2d 1265, 1273 (3d Cir.1979) (en banc ) ("Our limited function at this point is to ascertain from review of the record whether there is sufficient evidence to sustain the verdict of the jury on this issue"); Dawson v. Chrysler Corp., 630 F.2d 950, 959 (3d Cir.1980), cert. denied, 450 U.S. 959 ,…
Rule Authority · Fed. Cir. · 2 citations in this opinion
Many illustrations of the requisite standard of appellate review of jury verdicts appear in the precedent of the Third Circuit. 1 E.g., Chuy v. Philadelphia Eagles Football Club, 595 F.2d 1265, 1273 (3d Cir.1979) (en banc) (“Our limited function at this point is to ascertain from review of the record whether there is sufficient evidence to sustain the verdict of the jury on this issue”); Dawson v. Chrysler Corp., 630 F.2d 950, 959 (3d Cir.1980), cert, denied, 450 U.S. 959 , …
Rule Authority · 3rd Cir. · 2 citations in this opinion
See, e.g., Kim v. Coppin State College, 662 F.2d 1055, 1059 (4th Cir.1981) ("the district court is entitled to grant a directed verdict even though some evidence supports the opposite position so long as 'there are no controverted issues of fact upon which reasonable minds could differ' "); Gutierrez v. Union Pacific Railroad Co., 372 F.2d 121, 122 (10th Cir.1966) ("the court should direct a verdict where the evidence is without dispute, or is conflicting but of such conclus…
green Weiss v. York Hospital (1984)
Rule Authority · 3rd Cir. · 2 citations in this opinion
See Dawson v. Chrysler Corp., 630 F.2d 950, 959 (3d Cir.1980), cert, denied, 450 U.S. 959 , 101 S.Ct. 1418 , 67 L.Ed.2d 383 (1981); Columbia Metal Culvert Co., Inc. v. Kaiser Aluminum & Chemical Corp., 579 F.2d 20 , 28 (3d Cir.), cert, denied, 439 U.S. 876 , 99 S.Ct. 214 , 58 L.Ed.2d 190 (1978); Denneny v. Siegel, 407 F.2d 433, 439 (3d Cir. 1969).
Rule Authority · 3rd Cir.
A judgment notwithstanding the verdict may be granted under Fed.R.Civ.P. 50(b) “only if, as a matter of law, ‘the record is critically deficient of that minimum quantity of evidence from which a jury might reasonably afford relief.’ ” Dudley v. South Jersey Metal, Inc., 555 F.2d 96, 101 (3d Cir.1977) (quoting Denneny v. Siegel, 407 F.2d 433, 439 (3d Cir.1969)); see also Danny Kresky Enterprises Corp. v. Magid, 716 F.2d 206, 209 (3d Cir.1983).
Rule Authority · 3rd Cir.
ROTH, Circuit Judge. 1 A judge may overturn a jury verdict only when, "as a matter of law, `the record is critically deficient of that minimum quantity of evidence from which a jury might reasonably afford relief.'" Dudley v. S. Jersey Metal, Inc., 555 F.2d 96, 101 (3d Cir.1977) (quoting Denneny v. Siegel, 407 F.2d 433, 439 (3d Cir.1969)).
Rule Authority · 3rd Cir.
A judge may overturn a jury verdict only when, “as a matter of law, ‘the record is critically deficient of that minimum quantity of evidence from which a jury might reasonably afford relief.’ ” Dudley v. S. Jersey Metal, Inc., 555 F.2d 96, 101 (3d Cir.1977) (quoting Denneny v. Siegel, 407 F.2d 433, 439 (3d Cir.1969)).
Rule Authority · 3rd Cir.
Under federal law, this court should affirm the denial of a motion j.n.o.v. “unless the record ‘is critically deficient of that minimum quantum of evidence from which a jury might reasonably afford relief.’ ” Dawson v. Chrysler Corp., 630 F.2d 950, 959 (3d Cir.1980), cert. denied, 450 U.S. 959 , 101 S.Ct. 1418 , 67 L.Ed.2d 383 (1981) (quoting Denneny v. Siegel, 407 F.2d 433, 439 (3d Cir.1969)).
Rule Authority · 3rd Cir.
A court must view the evidence in the light most favorable to the non-moving party, see Kelly v. Matlack, Inc., 903 F.2d 978, 981 (3d Cir.1990); Blum v. Witco Chemical Corp., 829 F.2d 367, 372 (3d Cir.1987) (JNOV); Macleary v. Hines, 817 F.2d 1081, 1083 (3d Cir.1987) (directed verdict), and determine whether “the record contains the ‘minimum quantum of evidence from which a jury might reasonably afford relief ”, Smollett, 793 F.2d at 548 (quoting Denneny v. Siegel, 407 F.2d …
Rule Authority · 3rd Cir.
In addition, in our merits determination we have considered the incidents Clark sought to include in his pleadings, but nonetheless have concluded that Clark's evidence was "critically deficient of that minimum quantum of evidence from which a jury might reasonably afford relief." Denneny v. Siegel, 407 F.2d 433, 439 (3d Cir.1969).
Rule Authority · 3rd Cir.
In addition, in our merits determination we have considered the incidents Clark sought to include in his pleadings, but nonetheless have concluded that Clark’s evidence was “critically deficient of that minimum quantum of evidence from which a jury might reasonably afford relief.” Denneny v. Sie-gel, 407 F.2d 433, 439 (3d Cir.1969).
Rule Authority · 3rd Cir.
Since Vespe was the verdict winner on this point, judgment n.o.v. was properly entered only if, viewing the evidence most favorably to him, we nevertheless conclude that the record is “ ‘critically deficient of that minimum quantity of evidence from which a jury might reasonably afford relief.’ ” Dudley v. South Jersey Metal, Inc., 555 F.2d 96, 101 (3d Cir.1977) (quoting Denneny v. Siegel, 407 F.2d 433, 439 (3d Cir.1969)).
Rule Authority · 3rd Cir.
In a case such as this, where there is an appeal from a directed verdict for the defendant, “we must examine the record in the light most favorable to the plaintiff [Appellant] ... [and] determine whether, as a matter of law, the record is critically deficient of the minimum quantum of evidence from which a jury might reasonably afford relief.” Denneny v. Siegel, 407 F.2d 433, 439 (3d Cir.1969). *395 The gravamen of the tort of intentional infliction of emotional distress is…
Rule Authority · 3rd Cir.
Corp., 793 F.2d 547 , 548 (3d Cir.1986) (quoting Denneny v. Siegel, 407 F.2d 433, 439 (3d Cir.1969)) 23 Nanavati also maintains that an exclusive contract with Dr. Henry Komansky for the provision of stress and echocardiogram tests is sufficient to implicate the Hospital in a conspiracy to exclude him, but Nanavati does not indicate how the Komansky contract would demonstrate the Hospital's involvement in either of the two anticompetitive acts sought to be proved at trial--t…
Rule Authority · 3rd Cir.
Corp., 793 F.2d 547 , 548 (3d Cir.1986) (quoting Denneny v. Siegel, 407 F.2d 433, 439 (3d Cir.1969)). .
Rule Authority · 3rd Cir.
In reviewing a judgment n.o.v. we must review the record in the light most favorable to the non-moving party (in this case Kinnel) and “affirm the judgment of the district court denying the motion[] unless the record is critically deficient of the minimum quantum of evidence from which a jury might reasonably afford relief.” Dawson v. Chrysler Corp., 630 F.2d 950 (3d Cir.1980) (quoting Denneny v. Siegel, 407 F.2d 433, 439 (3d Cir.1969)).
green Salas v. Wang (1988)
Rule Authority · 3rd Cir.
Denneny v. Siegel, 407 F.2d 433, 439 (3d Cir.1969).
Rule Authority · 3rd Cir.
Denneny v. Siegel, 407 F.2d 433, 439 (3d Cir.1969).
Rule Authority · 3rd Cir.
We must determine “whether, as a matter of law, the record is critically deficient of that minimum quantum of evidence from which a jury might reasonably afford relief.” Denneny v. Siegel, 407 F.2d 433, 439 (3d Cir.1969).
Rule Authority · 3rd Cir.
Denial of the motion for judgment NOV, as in the case of a denial of a motion for a directed verdict, must be affirmed unless “the record is critically deficient of that minimum quantum of evidence from which the jury might reasonably afford relief.” Denneny v. Siegel, 407 F.2d 433, 439 (3d Cir.1969).
Rule Authority · 3rd Cir.
A judgment n.o.v. may be granted under Rule 50(b), F.R.CIV.P., “only if, as a matter of law, ‘the record is critically deficient of that minimum quantity of evidence from which a jury might reasonably afford relief.’ ” Dudley v. South Jersey Metal, Inc., 555 F.2d 96, 101 (3d Cir. 1977) (quoting Denneny v. Siegel, 407 F.2d 433, 439 (3d Cir.1969)); see also Powell v. J.T.
Rule Authority · 3rd Cir.
The district court must determine whether, as a matter of law, the record contains the "minimum quantum of evidence from which a jury might reasonably afford relief." Denneny v. Siegel, 407 F.2d 433, 439 (3d Cir.1969).
Rule Authority · 3rd Cir.
The district court must determine whether, as a matter of law, the record contains the “minimum quantum of evidence from which a jury might reasonably afford relief.” Denneny v. Siegel, 407 F.2d 433, 439 (3d Cir.1969).
Rule Authority · 3rd Cir.
On appeal we are required “to review the record in this case in the light most favorable to the non-moving party, ... and to affirm the judgment of the district court denying the motion[] unless the record is ‘critically deficient of that minimum quantum of evidence from which the jury might reasonably afford relief.’ ” Dawson v. Chrysler Motors Corp., 630 F.2d 950 , 959 (3d Cir.1980) (quoting Denne-ny v. Siegel, 407 F.2d 433, 439 (3d Cir. 1969) ), cert. denied, 450 U.S. 959
Rule Authority · 3rd Cir.
On appeal we are required "to review the record in this case in the light most favorable to the non-moving party, ... and to affirm the judgment of the district court denying the motion[ ] unless the record is 'critically deficient of that minimum quantum of evidence from which the jury might reasonably afford relief.' " Dawson v. Chrysler Motors Corp., 630 F.2d 950, 959 (3d Cir.1980) (quoting Denneny v. Siegel, 407 F.2d 433, 439 (3d Cir.1969)), cert. denied, 450 U.S. 959 , …
Rule Authority · 3rd Cir.
Hommel Co. v. Ferro Corp., 659 F.2d 340 (3d Cir.1981); Denneny v. Siegel, 407 F.2d 433, 439 (3d Cir.1969).
Rule Authority · 3rd Cir.
Hommel Co. v. Ferro Corp., 659 F.2d 340 (3d Cir.1981); Denneny v. Siegel, 407 F.2d 433, 439 (3d Cir.1969). 33 In essence, plaintiff asserts that the graduate committee arbitrarily dismissed her because she did not produce the requested records.
Rule Authority · 3rd Cir.
More particularly, a judgment notwithstanding the verdict may be granted under Fed.R.Civ.P. 50(b) “only if, as a matter of law, ‘the record is critically deficient of that minimum quantity of evidence *134 from which a jury might reasonably afford relief.’ ” Dudley v. South Jersey Metal, Inc., 555 F.2d 96, 101 (3d Cir.1977) (quoting Denneny v. Siegel, 407 F.2d 433, 439 (3d Cir.1969)); see also Danny Kresky Enterprises Corp. v. Magid, 716 F.2d 206, 209 (3d Cir.1983).
Rule Authority · 3rd Cir.
Denneny v. Siegel, 407 F.2d 433, 439 (3d Cir.1969).
Rule Authority · 3rd Cir.
Denneny v. Siegel, 407 F.2d 433, 439 (3d Cir.1969).
green Marino v. Ballestas (1984)
Rule Authority · 3rd Cir.
We may reverse the judgment of the district court only if “the record ‘is critically deficient of that minimum-quantum of evidence from which a jury might reasonably [decline to] afford relief.’ ” Dawson v. Chrysler Corp., 630 F.2d 950 , 959 (3d Cir.1980) (quoting Denneny v. Siegel, 407 F.2d 433, 439 (3d Cir. 1969)), cert. denied, 450 U.S. 959 , 101 S.Ct. 1418 , 67 L.Ed.2d 383 (1981).
green Marino v. Ballestas (1984)
Rule Authority · 3rd Cir.
We may reverse the judgment of the district court only if "the record 'is critically deficient of that minimum quantum of evidence from which a jury might reasonably [decline to] afford relief.' " Dawson v. Chrysler Corp., 630 F.2d 950, 959 (3d Cir.1980) (quoting Denneny v. Siegel, 407 F.2d 433, 439 (3d Cir.1969) ), cert. denied, 450 U.S. 959 , 101 S.Ct. 1418 , 67 L.Ed.2d 383 (1981).
Rule Authority · E.D. Pa.
O'Neil, 577 F.2d 84, 846 (3d Cir. 1978) (quoting Denneny v. Siegel, 407 F.2d 433, 439 (3d Cir. 1969)) (emphasis added).
Rule Authority · E.D. Pa.
To survive a motion for summary judgment, plaintiffs must “ ‘produce substantial evidence upon which logically the jury’s conclusion may be based.’ ” Denneny v. Siegel, 407 F.2d 433, 440 (3d Cir.1969) (quoting Smith v. Bell Tel.
Rule Authority · D. Del.
Servs. v. RegScan, Inc., 242 Fed.Appx. 823, 827 (3d Cir.2007) (quoting Denneny v. Siegel, 407 F.2d 433, 439 (3d Cir.1969)).
Rule Authority · E.D. Pa.
A jury verdict can be displaced by judgment as 'a matter of law only if "the record is 'critically deficient of that minimum quantum of evidence from which the jury might reasonably afford relief.’ ” McDermott, 11 F.Supp.2d 612 (quoting Dawson v. Chrysler Corp., 630 F.2d 950, 959 (3d Cir.1980) (quoting Denneny *525 v. Siegel, 407 F.2d 433, 439 (3d Cir.1969)), cert denied 450 U.S. 959 , 101 S.Ct. 1418 , 67 L.Ed.2d 383 (1981)).
Rule Authority · D.N.J.
Judgment pursuant to Rule 50 should be granted “only if, as a matter of law, ‘the record is critically deficient of that minimum quantity of evidence from which a jury might reasonably afford relief.’ ” Dudley v. South Jersey Metal, Inc., 555 F.2d 96, 101 (3d Cir.1977) (quoting Denneny v. Siegel, 407 F.2d 433, 439 (3d Cir.1969)); see also Lightning Lube, Inc. v. Witco Corp., 4 F.3d 1153, 1166 (3d Cir.1993) (holding that the court may only grant judgment as a matter of law if…
Rule Authority · E.D. Pa.
Applying these precepts, a jury verdict can be displaced by judgment as a matter of law only if “the record is ‘critically deficient of that minimum quantum of evidence from which the jury might reasonably afford relief.’ ” Dawson v. Chrysler Corp., 630 F.2d 950, 959 (3d Cir.1980) (quoting Denneny v. Siegel, 407 F.2d 433, 439 (3d Cir.1969)), cert. denied, 450 U.S. 959 , 101 S.Ct. 1418 , 67 L.Ed.2d 383 (1981).
Rule Authority · E.D. Pa.
Applying these precepts, a jury verdict can be displaced by judgment as a matter of law only if “the record is ‘critically deficient of that minimum quantum of evidence from which the jury might reasonably afford relief.’ ” Dawson v. Chrysler Corp., 630 F.2d 950, 959 (3d Cir. 1980) (quoting Denneny v. Siegel, 407 F.2d 433, 439 (3d Cir. 1969)).
Rule Authority · E.D. Pa.
Applying these precepts, a jury verdict can be displaced by judgment as a matter of law only if “the record is ‘critically deficient of that minimum quantum of evidence from which a jury might reasonably afford relief.’ ” Dawson v. Chrysler Corp., 630 F.2d 950, 959 (3d Cir.1980) (quoting Denneny v. Siegel, 407 F.2d 433, 439 (3d Cir.1969)), cert. denied, 450 U.S. 959 , 101 S.Ct. 1418 , 67 L.Ed.2d 383 (1981).
Rule Authority · E.D. Pa.
Applying these precepts, a jury verdict can be displaced by judgment as a matter of law only if “the record is ‘critically deficient of that minimum quantum of evidence from which the jury might reasonably afford relief.’ ” Dawson v. Chrysler Corp., 630 F.2d 950, 959 (3d Cir.1980) (quoting Denneny v. Siegel, 407 F.2d 433, 439 (3d Cir.1969)), cert. denied, 450 U.S. 959 , 101 S.Ct. 1418 , 67 L.Ed.2d 383 (1981).
green Cook v. Lehman (1994)
Rule Authority · E.D. Pa.
Judgment as a matter of law may be granted when “there is no legally sufficient evidentiary basis for a reasonable jury to have found for [a] party,” Fed.R.Civ.P. 50(a), since “the record is critically deficient of that minimum quantum of evidence from which a jury might reasonably afford relief.” Denneny v. Siegel, 407 F.2d 433, 439 (3rd Cir.1969).
Rule Authority · E.D. Pa.
Although a scintilla of evidence is not enough to withstand a motion for judgment as a matter of law, the denial of a motion for judgment as a matter of law is proper unless the record “is critically deficient of that minimum quantum of evidence from which a jury might reasonably afford relief.” Denneny v. Siegel, 407 F.2d 433, 439-40 (3d Cir.1969); see also Walter, 985 F.2d at 1238 ; Simone v. Golden Nugget Hotel and Casino, 844 F.2d *404 1031, 1034 (3d Cir.1988).
Rule Authority · E.D. Pa.
A motion for judgment as a matter of law may be granted only if "the record,'is critically deficient of that minimum quantum of evidence from which a jury might reasonably afford relief.'" Rotondo v. Keene Corp., 956 F.2d 436, 438 (3d Cir.1992) (quoting Denneny v. Siegel, 407 F.2d 433, 439 (3d'Cir.l969)) (citation omitted).
Rule Authority · D.V.I.
See also Kinnel v. Mid-Atlantic Mausoleums, Inc., 850 F.2d 958, 961 (3d Cir.1988); Smollett v. Skayting Development Corp., 793 F.2d 547, 548 (3d Cir.1986); Denneny v. Siegel, 407 F.2d 433, 439 (3d Cir.1969).
green Warner v. Lawrence (1991)
Rule Authority · D.V.I.
The motion must be granted only if, “as a matter of law, the record [does not contain] the ‘minimum quantum of evidence from which a jury might reasonably afford relief.’ ” Smollett, supra, 793 F.2d at 548 (quoting Denneny v. Siegel, 407 F.2d 433, 439 (3d Cir.1969)).
Rule Authority · D. Del.
See, e.g., National Controls v. National Semiconductor, 833 F.2d at 495 ; Patzig v. O’Neil, 577 F.2d at 846; Denneny v. Siegel, 407 F.2d 433, 439 (3d Cir.1969).
Rule Authority · D.V.I.
The district court must determine whether, as a matter of law, the record contains the “minimum quantum of evidence from which a jury might reasonably afford relief.” Denney v. Siegel, 407 F.2d 433, 439 (3d Cir. 1969).
Rule Authority · E.D. Pa.
The record is “critically deficient of that minimum quantum of evidence from which a jury might reasonably afford relief.” Dawson v. Chrysler Corp., 630 F.2d 950, 959 (3d Cir.1980), cert. denied, 450 U.S. 959 , 101 S.Ct. 1418 , 67 L.Ed.2d 383 (1981); citing, Denneny v. Siegel, 407 F.2d 433, 439 (3d Cir.1969).