judgment notwithstanding the verdict
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 311 U.S. 243 - Montgomery Ward & Co. v. Duncan · 1940Most cited · 1,567 citing opinions
The motion for judgment cannot be granted unless, as matter of law, the opponent of the movant failed to make a case and, therefore, a verdict in movant's favor should have been directed.
How often courts cite the cases defining “judgment notwithstanding the verdict”
Court decisions citing the 2 opinions that defined “judgment notwithstanding the verdict” — 2,617 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 2 definitions, chronological · 1940–1947
The rule does not compel a trial judge to enter a judgment notwithstanding the verdict instead of ordering a new trial; it permits him to exercise a discretion to choose between the two alternatives. . . . Determination of whether a new trial should be granted or a judgment entered under Rule 50(b) calls for the judgment in the first instance of the judge who saw and heard the witnesses and has the feel of the case which no appellate printed transcript can impart.