Agapita Rosa Velazquez v. Edna J. Figueroa-Gomez, (Two Cases). Agapita Rosa Velazquez v. Edna J. Figueroa, 996 F.2d 425 (1st Cir. 1993). · Go Syfert
Agapita Rosa Velazquez v. Edna J. Figueroa-Gomez, (Two Cases). Agapita Rosa Velazquez v. Edna J. Figueroa, 996 F.2d 425 (1st Cir. 1993). Cases Citing This Book View Copy Cite
“we have found no authority supporting the proposition that a motion under rule 59(e) may be used to reevaluate the weight of the evidence after a jury's verdict.”
148 citation events (86 in the last 25 years) across 14 distinct courts.
Strongest positive: RATCLIFFE v. BRP US INC (med, 2025-06-27)
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Top citers, strongest first. 50 distinct citers.
examined Cited as authority (verbatim quote) RATCLIFFE v. BRP US INC (2×)
D. Me. · 2025 · quote attribution · 2 verbatim quotes · confidence high
conflicting testimony or a question as to the credibility of a witness are not sufficient grounds for granting a new trial
discussed Cited as authority (verbatim quote) Stuhmer v. Girdner
D. Colo. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
we have found no authority supporting the proposition that a motion under rule 59(e) may be used to reevaluate the weight of the evidence after a jury's verdict.
discussed Cited as authority (quoted) Scholz v. Goudreau
1st Cir. · 2018 · quote attribution · 1 verbatim quote · confidence low
jury's verdict on the facts should only be overturned in the most compelling circumstances.
discussed Cited as authority (rule) Gonzalez-Carpio
D.P.R. · 2025 · confidence medium
Special circumstances are needed to render reinstatement inappropriate, Civil No. 23-1256 (FAB) 18 such as “(1) the strength of the evidence []; (2) whether the discharged employee has found comparable work; (3) the absence of a property right in the position because the employee was hired in violation of local law; and (4) the ineligibility of the employee for the position, due to failure to meet established qualifications, which would permit immediate discharge for no reason or for any permissible reason.” Velázquez v. Figueroa- Gómez, 996 F.2d 425, 429 (1st Cir. 1993).
discussed Cited as authority (rule) Feliciano-Munoz v. Rebarber-Ocasio
1st Cir. · 2025 · confidence medium
The District Court rejected the appellants' objections to the jury's award, emphasizing that "[t]he standard of review of damages awards places an enormous burden on the party challenging the award," and concluding, based on its review of the evidence presented at trial, that the jury's award had "a 'substantial basis in the evidence'" (first quoting Velazquez v. Figueroa-Gomez, 996 F.2d 425, 428 (1st Cir. 1993); and then quoting Tejada-Bautista v. Fuentes Agostini, 258 F. Supp. 2d 18, 22 (D.P.R. 2003)).
discussed Cited as authority (rule) Feliciano Munoz v. Rebarber Ocasio (2×) also: Cited "see"
D.P.R. · 2023 · confidence medium
This is so because “[t]he decision to grant a new trial is squarely within the trial court’s discretion.” Velazquez v. Figueroa- Gomez, 996 F.2d 425, 427 (1st Cir. 1993) (citing Allied Chemical Corp. v. Daiflon, Inc., 449 U.S. 33, 36 (1980)).
cited Cited as authority (rule) TOURANGEAU v. NAPPI DISTRIBUTORS
D. Me. · 2023 · confidence medium
LEGAL STANDARD “The decision to grant a new trial is squarely within the trial court’s discretion.” Velazquez v. Figueroa-Gomez, 996 F.2d 425, 427 (1st Cir. 1993).
discussed Cited as authority (rule) BioPoint, Inc.. v. Attis
D. Mass. · 2023 · confidence medium
New Trial A new trial under Rule 59 will be granted only “if [the court] believes that the outcome is against the clear weight of the evidence such that upholding the verdict will result in a miscarriage of justice.” Velazquez v. Figueroa-Gomez, 996 F.2d 425, 427 (1st Cir. 1993).
discussed Cited as authority (rule) Thomas & Betts Corp. v. New Albertson's, Inc.
D. Mass. · 2016 · confidence medium
Granting the motion is within this Court’s discretion, Velazquez v. Figueroa-Gomez, 996 F.2d 425, 427 (1st Cir.1993), which this Court exercises sparingly, see MacNeill Eng’g Co. v. Trisport, Ltd., 126 F.Supp.2d 51, 63 (D.Mass.2001) (“A motion for a new trial is not to be taken lightly.”); Tavares v. Mich. Fishing, Inc., 937 F.Supp. 84, 86 (D.Mass.1996).
cited Cited as authority (rule) Lund v. Henderson
1st Cir. · 2015 · confidence medium
Velazquez v. Figueroa-Gomez, 996 F.2d 425, 427 (1st Cir.1993).
cited Cited as authority (rule) Hearts with Haiti, Inc. v. Kendrick
D. Me. · 2015 · confidence medium
“The decision to grant a new trial is squarely within the trial court’s discretion.” Velazquez v. Figueroa-Gomez, 996 F.2d 425, 427 (1st Cir,1993) (citing Allied Chem.
discussed Cited as authority (rule) Vázquez-Burgos v. Rodríguez-Pérez
D.P.R. · 2015 · confidence medium
Reinstatement (or “reappointment”) requires a “flexible application [that is] particularly desirable in cases involving important private rights and public institutions such as those involving political discrimination.” Velazquez v. Figueroa-Gomez, 996 F.2d 425, 428 (1st Cir.1993).
discussed Cited as authority (rule) Oliveras-Zapata v. Univision Puerto Rico, Inc. (2×)
D.P.R. · 2012 · confidence medium
Id., at 43, fn. 1 , citing Velazquez v. Figueroa-Gomez, 996 F.2d 425, 429 (1st Cir.1993).
cited Cited as authority (rule) Oliveras-Zapata v. Univision Puerto Rico, Inc.
D.P.R. · 2012 · confidence medium
However, a “trial judge may not upset the jury’s verdict merely because he or she might have decided the case differently.” Velazquez v. Figueroar-Gomez, 996 F.2d 425, 428 (1st Cir.1993).
discussed Cited as authority (rule) Uniloc USA, Inc. v. Microsoft Corp.
D.R.I. · 2009 · confidence medium
A new trial is appropriate “if [the court] believes that the outcome is against the clear weight of the evidence such that upholding the verdict will result in a miscarriage of justice.” Ramos v. Davis & Geek, Inc., 167 F.3d 727, 731 (1st Cir.1999) (quoting Velazquez v. Figueroa-Gomez, 996 F.2d 425, 427 (1st Cir.1993)).
cited Cited as authority (rule) Orr v. Mukasey
D.P.R. · 2009 · confidence medium
Che, 342 F.3d at 43 n. 1 (citing Velazquez v. Figueroa-Gomez, 996 F.2d 425, 429 (1st Cir.1993)).
discussed Cited as authority (rule) Howard v. Feliciano (2×)
D.P.R. · 2008 · confidence medium
Such deference to the trial court is particularly appropriate in cases in which the jury’s verdict is challenged as against the weight of the evidence because a jury’s verdict on the facts should only be overturned in the most compelling circumstances.” Velazquez v. Figueroa-Gomez, 996 F.2d 425, 427 (1st Cir.1993) (quotations and citations omitted).
discussed Cited as authority (rule) Rooney v. Sprague Energy Corp.
D. Me. · 2008 · confidence medium
The First Circuit has recognized that there are certain “ ‘special considerations’ ” that could serve as legitimate reasons for a denial of reinstatement; one such consideration is “ ‘the ineligibility of the employee for the position, due to failure to meet established qualifications, which would permit immediate discharge for no reason or for any permissible reason.’ ” Che, 342 F.3d at 43 n. 1 (quoting Velazquez v. Figueroa-Gomez, 996 F.2d 425, 429 (1st Cir.1993)).
discussed Cited as authority (rule) Goulet v. New Penn Motor Express, Inc.
1st Cir. · 2008 · confidence medium
We may weigh the evidence but are mindful that “a jury’s verdict on the facts should only be overturned in the most compelling circumstances.” Velazquez v. Figueroa-Gomez, 996 F.2d 425, 427 (1st Cir.1993) (citations omitted).
cited Cited as authority (rule) Harding v. Cianbro Corp.
D. Me. · 2007 · confidence medium
“The decision to grant a new trial is squarely within the trial court’s discretion.” Velazquez v. Figueroa-Gomez, 996 F.2d 425, 427 (1st Cir.1993).
discussed Cited as authority (rule) Harding v. Cianbro Corp.
D. Me. · 2007 · confidence medium
Airlines, 104 F.3d 9, 12 (1st Cir.1997) (“Kerr Selgas had requested reinstatement in her initial complaint, and also in subsequent motions----”); Velazquez v. Figueroa-Gomez, 996 F.2d 425, 428 (1st Cir.1993) (“The last issue ... is whether the district court properly denied plaintiffs’ request for reinstatement”).
cited Cited as authority (rule) Grande v. St. Paul Fire & Marine Insurance
D. Me. · 2006 · confidence medium
The First Circuit has stated that “[t]he decision to grant a new trial is squarely within the trial court’s discretion.” Ve lazquez v. Figueroa-Gomez, 996 F.2d 425, 427 (1st Cir.1993).
cited Cited as authority (rule) Borges-Colon v. Roman-Abreu
1st Cir. · 2006 · confidence medium
Velazquez v. Figueroa-Gomez, 996 F.2d 425, 428 (1st Cir.1993).
discussed Cited as authority (rule) Franceschi v. Hospital General San Carlos, Inc.
D.P.R. · 2004 · confidence medium
In view of the above, the jury’s determination that there has been a breach of contract can hardly be said to be against the clear weight of the evidence or to be unreasonable. “[E]ven if the trial court could have reached a verdict opposite from the jury, the court shall not upset a jury verdict which is reasonably based on the evidence presented at trial.” Raybourn v. San Juan Marriott Resort & Stellaris Casino, 259 F.Supp.2d 110, 112 (D.P.R.2003) (citing Velazquez v. Figueroa-Gómez, 996 F.2d 425, 428 (1st Cir.1993)).
discussed Cited as authority (rule) Gregory Cummings Trace Cummings, Husband and Wife v. General Motors Corporation
10th Cir. · 2004 · confidence medium
Co. of N. Am., 45 F.3d 634, 638 (2d Cir.1995) (failure to make motion results in a waiver of challenge to sufficiency of evidence); Velazquez v. Figueroa-Gomez, 996 F.2d 425, 426-27 (1st Cir.1993); Biodex Corp. v. Loredan Biomedical, Inc., 946 F.2d 850, 862 (Fed.Cir.1991) (con-eluding the "failure to present the district court with a post-verdict motion precludes appellate review of sufficiency of the evidence"); Dixon v. Montgomery Ward, 783 F.2d 55, 55 (6th Cir.1986); Woods v. Nat’l Life & Accident Ins.
discussed Cited as authority (rule) Cummings v. General Motors Corp.
10th Cir. · 2004 · confidence medium
Co. of N. Am., 45 F.3d 634, 638 (2d Cir. 1995) (failure to make motion results in a waiver of challenge to sufficiency of evidence); Velazquez v. Figueroa-Gomez, 996 F.2d 425, 426-27 (1st Cir. 1993); Biodex Corp. v. Loredan Biomedical, Inc., 946 F.2d 850, 862 (Fed.
discussed Cited as authority (rule) Aguilar v. Basin Resources, Inc.
10th Cir. · 2004 · confidence medium
Corp., 173 F.3d 1372 , 1375 (11th Cir.1999)(same); Velazquez v. Figueroa-Gomez, 996 F.2d 425, 427 (1st Cir.1993) (same); see also King v. United States, 301 F.3d 1270, 1274 (10th Cir.2002) (“It is a general rule that this court will not consider an issue on appeal that was not raised below.”), cert. denied, 539 U.S. 926 , 123 S.Ct. 2572 , 156 L.Ed.2d 602 (2003).
discussed Cited as authority (rule) Diaz Ex Rel Lopez Claudio v. Vivoni
D.P.R. · 2003 · confidence medium
The Court may grant a new trial only if it “believes that the outcome is against the clear weight of the evidence such that upholding the verdict will result in a miscarriage of justice.” Velazquez v. Figueroa-Gomez, 996 F.2d 425, 428 (1st Cir.1993)(quoting Conway v. Electro Switch Corp., 825 F.2d 593, 598-99 (1st Cir.1987)).
discussed Cited as authority (rule) Che v. Massachusetts Bay Transportation Authority (2×) also: Cited "see"
1st Cir. · 2003 · confidence medium
We have highlighted a number of special considerations that could form the basis for a denial of reinstatement. 1 See Velazquez v. Figueroa-Gomez, 996 F.2d 425, 429 (1st Cir.1993).
cited Cited as authority (rule) Raybourn v. San Juan Marriott Resort & Stellaris Casino
D.P.R. · 2003 · confidence medium
Velázquez v. Figueroa-Gómez, 996 F.2d 425, 428 (1st Cir.1993).
cited Cited as authority (rule) Bell v. Potter
D. Mass. · 2002 · confidence medium
Flores-Suarez v. Turabo Medical Center, 165 F.Supp.2d 79, 85 (D.P.R.2001) (citing Ve *101 lazquez v. Figueroa-Gomez, 996 F.2d 425, 427 (1st Cir.1993)).
cited Cited as authority (rule) Acevedo-Garcia v. Vera-Monroig
D.P.R. · 2002 · confidence medium
Smith v. Kmart Corp., 177 F.3d 19, 30 (1st Cir.1999); Velázquez v. Figueroa-Gómez, 996 F.2d 425, 428 (1st Cir.), cert. denied 510 U.S. 993 , 114 S.Ct. 553 , 126 L.Ed.2d 454 (1993).
discussed Cited as authority (rule) Arizmendi-Corales v. Javier Rivera
D.P.R. · 2001 · confidence medium
The First Circuit has held that “[o]ne of the remedies available for a political discharge in violation of the First Amendment is reappointment.” Velazquez v. Figueroa-Gomez, 996 F.2d 425, 428 (1st Cir.1993) (quoting Santiago-Negron, 865 F.2d at 437 ).
discussed Cited as authority (rule) Flores-Suarez v. Turabo Medical Center Partnership (2×)
D.P.R. · 2001 · confidence medium
Velazquez v. Figueroa-Gomez, 996 F.2d 425, 427 (1st Cir.1993).
examined Cited as authority (rule) Brayman v. 99 West, Inc. (3×) also: Cited "see"
D. Mass. · 2000 · confidence medium
Viewing the evidence in the light most favorable to plaintiffs, Velazquez v. Figueroa-Gomez, 996 F.2d 425, 428 (1st Cir.), cert. denied, 510 U.S. 993 , 114 S.Ct. 553 , 126 L.Ed.2d 454 (1993), this court is “obligated ... to grant a remittitur or a new trial on damages only when the award ‘exceeds any rational appraisal or estimate of the damages that could be based upon the evidence before it.’ ” Eastern Mountain Platform Tennis, Inc. v. Sherwin-Williams Company, Inc., 40 F.3d 492, 502 (1st Cir.1994) cert. denied, 515 U.S. 1103 , 115 S.Ct. 2247 , 132 L.Ed.2d 256 (1995); accord Anthony …
examined Cited as authority (rule) Monroig v. RMM Records & Video Corp. (5×) also: Cited "see"
D.P.R. · 2000 · confidence medium
Velazquez v. Figueroa-Gomez, 996 F.2d 425, 427 (1st Cir.), cert, denied, 510 U.S. 993 , 114 S.Ct. 553 , 126 L.Ed.2d 454 (1993); Wells Real Estate, Inc. v. Greater Lowell Bd. of Realtors, 850 F.2d 803, 811 (1st Cir.), cert, denied, 488 U.S. 955 , 109 S.Ct. 392 , 102 L.Ed.2d 381 (1988).
discussed Cited as authority (rule) Berger v. Colon
1st Cir. · 2000 · confidence medium
The failure to move for a new trial waives the issue on appeal.”) (citations omitted); Velazquez v. Figueroa-Gomez, 996 F.2d 425, 426-27 (1st Cir. 1993) (failure to move for judgment notwithstanding the verdict and for a new trial pursuant to Rule 59(a) results in waiver of challenge to sufficiency or weight of evidence).
discussed Cited as authority (rule) Baralt v. Nationwide Mutual Insurance
D.P.R. · 2000 · confidence medium
“A trial judge may not upset the jury’s verdict merely because he or she would have decided the case differently,” Coastal Fuels of P.R. v. Caribbean Petroleum, 79 F.3d 182, 201 (1st Cir.1996), cert. denied, 519 U.S. 927 , 117 S.Ct. 294 , 136 L.Ed.2d 214 (1996) (quoting Velazquez v. Figueroa-Gomez, 996 F.2d 425, 427 (1st Cir.1993), cert. denied, 510 U.S. 993 , 114 S.Ct. 553 , 126 L.Ed.2d 454 (1993)), for it is not what the judge believes but rather what the jury “could have found.” Ramos v. Davis & Geck, Inc., 167 F.3d 727, 734 (1st Cir.1999).
discussed Cited as authority (rule) Ramos v. Davis & Geck, Inc.
1st Cir. · 1999 · confidence medium
A new trial should only be ordered “if [the court] believes that the outcome is against the clear weight of the evidence such that upholding the verdict will result in a miscarriage of justice.” Velazquez v. Figueroa-Gomez, 996 F.2d 425, 427 (1st Cir.1993).
discussed Cited as authority (rule) Ramos v. Davis & Geck
1st Cir. · 1999 · confidence medium
A new trial should only be ordered "if [the court] believes that the outcome is against the clear weight of the evidence such that upholding the verdict will result in a miscarriage of justice." Velazquez v. Figueroa-Gomez, 996 F.2d 425, 427 (1st Cir.1993). 13 The court instructed the jury to apply an objective standard of constructive discharge, requiring a determination whether work conditions were "so difficult or unpleasant that a reasonable person in the employee's shoes would have felt compelled to resign." Calhoun v. Acme Cleveland Corp., 798 F.2d 559, 561 (1st Cir.1986) (quoting Alicea…
cited Cited as authority (rule) Loenco v. Londonderry, et al.
D.N.H. · 1998 · confidence medium
Figueroa-Gomez, 996 F.2d 425, 428 (1st Cir. 1993).
cited Cited as authority (rule) McKeown v. Woods Hole
D. Mass. · 1998 · confidence medium
Litle & Company, Inc., 82 F.3d 1166, 1172 (1st Cir.1996); Velazquez v. Figueroa-Gomez, 996 F.2d 425, 426-427 (1st Cir.), cert. denied, 510 U.S. 993 , 114 S.Ct. 553 , 126 L.Ed.2d 454 (1993).
discussed Cited as authority (rule) Ruiz Troche v. Pepsi Cola of Puerto Rico Bottling Co.
D.P.R. · 1997 · confidence medium
Thus, even if the trial court may have reached a verdict opposite to that of the jury, the court should not overturn a verdict which is based on the evidence presented at trial, Velázquez v. Figueroa-Gómez, 996 F.2d 425, 428 (1st Cir.) cert, denied, 510 U.S. 993 , 114 S. Ct. 553 , 126 L.Ed.2d 454 (1993) and may only do so if the verdict is against the demonstrable weight of the evidence or results in a blatant miscarriage of justice.
discussed Cited as authority (rule) Ramos v. Davis & Geck, Inc.
D.P.R. · 1997 · confidence medium
Similarly, pursuant to Rule 59(a), “ ‘a jury’s verdict on the facts should only be overturned in the most compelling circumstances.’” Velazquez v. Figueroa-Gomez, 996 F.2d 425, 427 (1st Cir.) (quoting authori *779 ty omitted), cert. denied, 510 U.S. 993 , 114 S.Ct. 553 , 126 L.Ed.2d 454 (1993).
discussed Cited as authority (rule) Hall v. Hall
1st Cir. · 1996 · confidence medium
PER CURIAM. 1 Appellant Maryann Hall, former spouse of defendant-appellee Lawrence Hall, appeals from a district court judgment dismissing her diversity suit for breach of their agreement for an equal division of any remaining capital in Merlin Machinery, a Massachusetts corporation in which each owned shares. 1 Maryann claims that the adverse jury verdict on which the district court based its judgment is against the weight of the evidence and that the court erred in denying her motion for new trial. 2 We affirm. 2 Maryann's timeous motion for new trial under Fed.R.Civ.P. 59(b) requires that w…
discussed Cited as authority (rule) Air Safety, Inc. v. Roman Catholic Archbishop of Boston
1st Cir. · 1996 · confidence medium
It is worth noting that most of the cases cited by the RCAB and the Institute highlighting the extremely deferential standard for reviewing damage awards involve awards for intangible injuries, a matter " ‘peculiarly within a jury’s ken,’" Velazquez, v. Figueroa-Gomez, 996 F.2d 425, 428 (1st Cir.1993) (quoting Wagenmann v. Adams, 829 F.2d 196, 215 (1st Cir.1987)).
cited Cited as authority (rule) Schroeder v. De Bertolo
D.P.R. · 1996 · confidence medium
Velazquez v. Figueroa-Gomez, 996 F.2d 425, 428 (1st Cir.), cert. denied, 510 U.S. 993 , 114 S.Ct. 553 , 126 L.Ed.2d 454 (1993).
discussed Cited as authority (rule) Air Safety, Inc. v. Archbishop of Boston
1st Cir. · 1996 · confidence medium
Air Safety acknowledges that the record ______________ supports an award of $85,894 in damages for a number of specific ____________________ 9 It is worth noting that most of the cases cited by the RCAB and the Institute highlighting the extremely deferential standard for reviewing damage awards involve awards for intangible injuries, a matter "`peculiarly within a jury's ken,'" Velazquez v. Figueroa-Gomez, 996 F.2d 425, 428 (1st Cir. 1993) _________ ______________ (quoting Wagenmann v. Adams, 829 F.2d 196, 215 (1st Cir. 1987)). _________ _____ See, e.g., Anthony v. G.M.D.
discussed Cited as authority (rule) Scott P. Hammond v. T.J. Litle & Company, Inc., Cross-Appellee
1st Cir. · 1996 · confidence medium
See Scarfo v. Cabletron Sys., Inc., 54 F.3d 931, 948 (1st Cir.1995); Velazquez v. Figueroa-Gomez, 996 F.2d 425, 426-27 (1st Cir.), cert. denied, — U.S. —, 114 S.Ct. 553 , 126 L.Ed.2d 454 (1993); La Amiga del Pueblo, Inc. v. Robles, 937 F.2d 689, 691 (1st Cir.1991); Pinkham v. Burgess, 933 F.2d 1066, 1070 (1st Cir.1991); Jusino v. Zayas, 875 F.2d 986, 991-92 (1st Cir.1989); Wells Real Estate, Inc. v. Greater Lowell Bd. of Realtors, 850 F.2d 803, 810 (1st Cir.), cert. denied, 488 U.S. 955 , 109 S.Ct. 392 , 102 L.Ed.2d 381 (1988).
discussed Cited as authority (rule) Hammond v. Litle & Company
1st Cir. · 1996 · confidence medium
See Scarfo v. Cabletron Sys., Inc., 54 F.3d 931, 948 (1st Cir. 1995); Velazquez v. Figuero-Gomez, 996 F.2d 425, 426-27 (1st Cir.), cert. denied, 114 S. Ct. 553 (1993); La Amiga del Pueblo, Inc. v. Robles, 937 F.2d 689, 691 (1st Cir. 1991); Pinkham v. Burgess, 933 F.2d 1066, 1070 (1st Cir. 1991); Jusino v. Zayas, 875 F.2d 986, 991-92 (1st Cir. 1989); Wells Real Estate, Inc. v. Greater Lowell Bd. of Realtors, 850 F.2d 803, 810 (1st Cir.), cert. denied, 488 U.S. 955 (1988).
Agapita Rosa VELAZQUEZ, Et Al., Plaintiffs, Appellants,
v.
Edna J. FIGUEROA-GOMEZ, Et Al., Defendants, Appellees. (Two Cases); Agapita Rosa VELAZQUEZ, Et Al., Plaintiffs, Appellees, v. Edna J. FIGUEROA, Et Al., Defendants, Appellants
92-1715, 92-2155 and 92-2223.
Court of Appeals for the First Circuit.
Jun 9, 1993.
996 F.2d 425
Eliezer Aldarondo-Ortiz, with whom Miguel Pagan and Aldarondo, López Bras, Pagán & Ortiz Ballester, Hato Rey, PR, were on brief, for plaintiffs, appellants., Zuleika Llovet, with whom Juan B. Soto-Balbas and Mercado & Soto, Santurce, PR, were on brief, for defendants, appellees.
Breyer, Torruella, Cyr.
Cited by 84 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 60%
Citer courts: First Circuit (1)
TORRUELLA, Circuit Judge.

In this appeal, we review the district court’s denial of a Motion to Alter or Amend Judgment pursuant to Federal Rule of Civil Procedure 59(e). This is a run of the mill political discrimination case brought against appellants, Municipality of Luquillo, Puerto Rico and several officials of the Municipality, under 42 U.S.C. § 1983 for violation of appel-lees’ First Amendment rights under the United States Constitution. The jury found that the appellants discriminated against ap-pellees, thirty-eight former employees of the Municipality, and awarded damages in favor of twenty-seven appellees. Appellants request that we vacate the judgment of the district court entirely because the evidence was insufficient to support the jury’s verdict that appellants terminated appellees because of their political affiliation. Alternatively, appellants pray that we reduce the damage awards because they are allegedly excessive. Plaintiff-appellees, in a cross-appeal, request that they be reinstated in their employment.

I

Normally, to challenge the sufficiency of the evidence on appeal, a party must move for a directed verdict at the close of all the evidence and follow it by a motion for judg[*427] ment notwithstanding the verdict. See Fed. R.Civ.P. 50(a) & (b); Wells Real Estate, Inc. v. Greater Lowell Board of Realtors, 850 F.2d 803, 810 (1st Cir.), cert. denied, 488 U.S. 955, 109 S.Ct. 392, 102 L.Ed.2d 381 (1988). Motions for directed verdict and judgment n.o.v. must be made with sufficient particularity to alert the trial judge as to why the evidence is insufficient. The moving party may appeal only from the grounds stated in the motion. Id.; Pstragowski v. Metropolitan Life Ins. Co., 553 F.2d 1, 3 (1st Cir.1977). Since appellants failed to move for a directed verdict and judgment n.o.v., we may not consider this ground of appeal. Wells Real Estate, 850 F.2d at 810; La Forest v. Autoridad de las Fuentes Fluviales, 536 F.2d 443, 445 (1st Cir.1976).

However, waiver of the right to request a judgment n.o.v. does not prevent a party from moving for a new trial under Fed.R.Civ.P. 59(a), alleging that the verdict is against the weight of the evidence. Wells Real Estate, 850 F.2d at 810. “[A] motion for a new trial must be made in the first instance before the trial court, particularly where the weight of the evidence is at issue.” Id., 850 F.2d at 811 (citing 6A James WM. Moore, Moore’s Federal Practice § 59.15[3], at 326-27 (2d ed. 1987)). Failure to move for a new trial also waives the issue on appeal. Id.

In this case, appellants once again failed to make an appropriate motion for a new ti’ial before the district court. Instead, they moved under Fed.R.Civ.P. 59(e) to set aside or amend the verdict. [1] The purpose of the motion, however, was indisputably to challenge the verdict as against the weight of the evidence. While we do not condone lax, self-styled motions, or disregard of the Rules, our examination of the character of a motion is functional: “nomenclature should not be exalted over substance.” Echevama-González v. González-Chapel, 849 F.2d 24, 26 (1st Cir.1988) (quoting Lyell Theatre Corp. v. Loews Corp., 682 F.2d 37, 41 (2d Cir.1982)). We therefore cannot conclude that appellants failed to raise the issue before the district court.

The district court apparently did not pay much attention to the rule under which the motion was filed, or the caption that titled appellants’ plea. The magistrate judge addressed the sufficiency argument directly and denied appellants’ motion because he believed that “[t]hejury received abundant testimonial and documentary evidence with which to support their conclusion of political discrimination.” Rosa-Velázquez v. Figueroa-Gómez, No. 90-1192, slip op. at 1 (D.P.R. Apr. 15,1992). In addition, appellees did not object to the styling of the motion and seemed to assume that sufficiency of the evidence could be assailed in a motion under Rule 59(e). Thus, while the district court ought to have reformed the challenge as one pursuant to Rule 59(a) earlier in this proceeding, we will treat the motion as one for a new trial.

The decision to grant a new trial is squarely within the trial court’s discretion. Allied Chemical Corp. v. Daiflon, Inc., 449 U.S. 33, 36, 101 S.Ct. 188, 190-91, 66 L.Ed.2d 193 (1980). “Only an abuse of discretion will trigger reversal of a denial of a motion for new trial.” Wells Real Estate, 850 F.2d at 811; see also Conway v. Electro Switch Corp., 825 F.2d 593, 598 (1st Cir.1987). Such deference to the trial court is particularly appropriate in cases in which the jury’s verdict is challenged as against the weight of the evidence because “a jury’s verdict on the facts should only be overturned in the most compelling circumstances.” Wells Real Estate, 850 F.2d at 811; Keeler v. Hewitt, 697 F.2d 8, 11 (1st Cir.1982).

[*428] Moreover, the trial court’s discretion is quite limited concerning motions for new trials. A trial judge may not upset the jury’s verdict merely because he or she might have decided the .case differently. On the contrary, a trial judge may grant a new trial only if she “believes that the outcome is against the clear weight of the evidence such that upholding the verdict will result in a miscarriage of justice.” Conway, 825 F.2d at 598-99; see also Coffran v. Hitchcock Clinic, Inc., 683 F.2d 5, 6 (1st Cir.), cert. denied, 459 U.S. 1087, 103 S.Ct. 571, 74 L.Ed.2d 933 (1982). We assume, and we do not review for, sufficiency of the evidence. Valm v. Hercules Fish Products, Inc., 701 F.2d 235 (1st Cir.1983).

We thus review the evidence to determine whether the district court abused its discretion. The evidence showed that all the plaintiffs were members of the Popular Democratic Party (“PDP”); that all defendants were members of the New Progressive Party (“NPP”); that many of the plaintiffs were politically active for the PDP during the 1988 campaign which brought the NPP to power; that defendants knew of the plaintiffs’ political affiliation prior to termination; that plaintiffs’ work responsibilities were altered with the change in administration; and that plaintiffs’ positions in the Municipal government were filled with members of the NPP after termination. Given this evidence, the district court did not abuse its discretion in finding the evidence sufficient to support the jury’s verdict and denying appellants’ motion.

II

Appellants’ second argument fails for similar reasons. Appellants urge that if the evidence is deemed sufficient, the damage awards be reduced because they are excessive. The standard of review of damage awards places an enormous burden on the party challenging the award. To begin with, the evidence is viewed in the light most favorable to the prevailing party. See, e.g., Betancourt v. J.C. Penney Co., 554 F.2d 1206, 1207 (1st Cir.1977). In addition, it is exceedingly “difficult on the basis of an algid appellate record to quantify damages for intangible losses.” Ruiz v. González-Caraballo, 929 F.2d 31, 34 (1st Cir.1991). Indeed, “[translating legal damage into money damages- — especially in cases which involve few significant items of measurable economic loss — is a -matter peculiarly within a jury’s ken.” Wagenmann v. Adams, 829 F.2d 196, 215 (1st Cir.1987). Therefore, unless we can say that the award is “‘grossly excessive,’ ‘inordinate,’ ‘shocking to the conscience of the court,’ or ‘so high that it would be a denial of justice to permit it to stand,’ ” Segal v. Gilbert Color Systems, Inc., 746 F.2d 78, 80-81 (1st Cir.1984) (quoting Grunenthal v. Long Island R.R. Co., 393 U.S. 156, 159 & n. 4, 89 S.Ct. 331, 333 & n. 4, 21 L.Ed.2d 309 (1968)), we will not “overrule a trial judge’s considered refusal to tamper with the damages assessed by a jury.” Ruiz, 929 F.2d at 34; see also Wagenmann, 829 F.2d at 215. We certainly cannot say that these awards for political discrimination in employment fall outside this broad standard for acceptable jury verdicts. [2]

Ill

The last issue that we must confront is whether the district court properly denied plaintiffs’ request for reinstatement. This Circuit has determined previously that “[o]ne of the remedies available for a political discharge in violation of First Amendment rights is reappointment.” Santiago-Negrón v. Castro-Dávila, 865 F.2d 431, 437 (1st Cir.1989). As reinstatement is an equitable remedy, we have stressed that its flexible application “seems particularly desirable in cases involving important private rights and public institutions” such as those involving political discrimination. Rosario-Torres v. Hernández-Colón, 889 F.2d 314, 320-21 (1st Cir.1989). We have rejected the notion that finding a violation of first amendment rights leads a fortiori to reinstatement, and recognized that the application of the remedy lies within the district court’s discretion. Id. at 321-22. The court must apply that discretion on a case by case basis with a keen eye to the many factors in the balance.

[*429] The trial court’s discretion is not unbounded, however. In fact, we have cautioned that the incidental burdens on a public employer accompanying reinstatement — i.e., “tension (or even hostility) between parties when forcibly reunited” — are “usually insufficient, without more,, to tip the scales against reinstatement when first amendment rights are at stake in a section 1983 action.” Id. at 322 (citing Banks v. Burkich, 788 F.2d 1161, 1165 (6th Cir.1986)). Thus, “equitable considerations different in kind or degree from those regularly accompanying reinstatement must be present if reinstatement is to be withheld from the victim of a first amendment infraction.” Rosario-Torres, 889 F.2d at 323.

In the past, we have indicated a number of special considerations that influence the district court determination in specific cases, including: (1) the strength of the evidence proving the first amendment violation; (2) whether the discharged employee has found comparable work; (3) the absence of a property right in the position because the employee was hired in violation of local law; and (4) the ineligibility of the employee for the position, due to failure to meet established qualifications, which would permit immediate discharge for no reason or for any permissible reason. See Hiraldo-Cancel v. Aponte, 925 F.2d 10, 13-14 (1st Cir.), cert. denied, — U.S. -, 112 S.Ct. 637, 116 L.Ed.2d 655 (1991); Rosario-Torres, 889 F.2d at 322-24. Although ineligibility for appointment “neither suspend[s] their first amendment rights nor undercuts] their entitlement to legal relief under section 1983,” it is a factor weighing against reinstatement if a reappointee would be immediately discharged. Hiraldo-Cancel, 925 F.2d at 14. While this list does not canvass all the relevant factors, it highlights several that are particularly important. With these principles in mind, we review the choice of equitable remedies for abuse of discretion while recognizing that the trial court views the evidence from a better vantage point than we do on the appellate record. Id.

In this ease the trial court denied reinstatement to all prevailing plaintiffs. The scant evidence supporting the first amendment claims, the amount of the damage awards, and the fact that these employees were hired illegally in violation of Puerto Rico’s personnel laws provided sufficient justification for denying reinstatement. We readily find no abuse of discretion.

IV

In conclusion, we affirm the trial court’s denial of the Rule 59(e) motion and plaintiffs’ request for reinstatement.

1

. Courts have interpreted Rule 59(e) to allow a motion to vacate a judgment entirely, rather than just alter it. See 11 Charles A. Wright & Arthur R. Miller, Federal Practice and Procedure § 817 at ill n. 31, Supp. at 39 n. 31 (1973 & Supp.1992) and cases cited therein. These courts, however, considered whether a Rule 59(e) motion was functionally equivalent to a motion to reconsider under Rule 60, pursuant to which a district court may vacate a judgment for certain specified errors. See, e.g., A.D. Weiss Lithograph Co. v. Illinois Adhesive Products Co., 705 F.2d 249, 250 (7th Cir.1983); Huff v. Metropolitan Life Ins. Co., 675 F.2d 119, 122 (6th Cir.1982). We have found no authority supporting the proposition that a motion under Rule 59(e) may be used to reevaluate the weight of the evidence after a jury's verdict.

2

. The jury awarded sums ranging between $14,-200 and $33,500.