Supreme Court Grants Cert. in Unitherm v. Swift-Eckrich

On February 28, 2005, the Supreme Court of the United States granted Unitherm's petition for certiorari in Unitherm Food Systems v. Swift-Eckrich, Inc., 375 F.3d 1341 (Fed. Cir. 2004). The Court will consider

Whether, and to what extent, a court of appeals may review the sufficiency
of evidence supporting a civil jury verdict where the party requesting review
made a motion for judgment as a matter of law under Rule 50(a) of the Federal
Rules of Civil Procedure before submission of the case to the jury, but neither
renewed that motion under Rule 50(b) after the jury's verdict, nor moved for a
new trial under Rule 59. nited States granted.

The original question presented to the Court was whether the failure of a party to renew a motion for judgment as a matter of law following a jury verdict, in accordance with Rule 50(b) of the Federal Rules of Civil Procedure, precludes an appellate court from reviewing the
sufficiency of the evidence.