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Wilburn v. Eastman Kodak Company

United States Court of Appeals, Second Circuit. August Term, 1998
Jun 25, 1999
180 F.3d 475 (2d Cir. 1999)

Summary

upholding denial of new trial motion where trial court found that twenty minute deliberation did not show that the jury had failed to follow its instruction to give full and conscientious attention and consideration to the issues and evidence

Summary of this case from Green v. Groneman

Opinion

No. 98-7858

Submitted: May 14, 1999

Decided: June 25, 1999

Appeal from the judgment of the United States District Court for the Western District of New York (Charles J. Siragusa, Judge) entered May 11, 1998, denying appellant's motion for a new trial following a jury verdict in favor of appellee.

We affirm.

(Teddy I. Moore, Law Office of Teddy I. Moore, Flushing, NY, for Plaintiff-Appellant.)

(Eric J. Ward, Patrick J. Solomon, Nixon, Hargrave, Devans Doyle LLP, Rochester, NY, for Defendant-Appellee.)

BEFORE: PARKER and SOTOMAYOR, Circuit Judges, and WEINSTEIN, District Judge.

The Honorable Jack B. Weinstein, of the United States District Court for the Eastern District of New York, sitting by designation.


Appellant sued appellee, his former employer, for employment discrimination under 42 U.S.C. § 2000e et seq. and related claims. The jury deliberated for approximately twenty minutes before finding appellee not liable. In denying appellant's motion for a new trial, Judge Siragusa ruled that the length of the jury deliberations did not show that the jury had failed to follow his instruction to give "full and conscientious attention and consideration to the issues and evidence." That ruling, which is the sole subject of this appeal, was correct.

Initially, the claim that the jury contemptuously or flippantly disregarded its duty in considering a matter submitted to it can be the proper subject of a motion for a new trial. The district court's ruling is reviewed for abuse of discretion. Segars v. Atlantic Coast Line R.R. Co., 286 F.2d 767, 770-71 (4th Cir. 1961); see also Paoletto v. Beech Aircraft Corp., 464 F.2d 976, 983 (3d Cir. 1972) (court should not permit a jury verdict to stand where jury acted capriciously).

A jury is not required to deliberate for any set length of time. Brief deliberation, by itself, does not show that the jury failed to give full, conscientious or impartial consideration to the evidence. Ahern v. Scholz, 85 F.3d 774, 785-86 (1st Cir. 1996); Paoletto, 464 F.2d at 983; Marx v. Hartford Accident and Indem. Co., 321 F.2d 70, 71 (5th Cir. 1963); Segars, 286 F.2d at 770.

Accordingly, we AFFIRM the judgment of the district court.


Summaries of

Wilburn v. Eastman Kodak Company

United States Court of Appeals, Second Circuit. August Term, 1998
Jun 25, 1999
180 F.3d 475 (2d Cir. 1999)

upholding denial of new trial motion where trial court found that twenty minute deliberation did not show that the jury had failed to follow its instruction to give full and conscientious attention and consideration to the issues and evidence

Summary of this case from Green v. Groneman

denying relief where deliberations lasted twenty minutes

Summary of this case from Lustig v. Reyes

In Wilburn v. Eastman Kodak Co., 180 F.3d 475 (2d Cir. 1999), the Second Circuit held that the trial judge did not err in denying plaintiffs motion for a new trial where the jury had deliberated for only twenty minutes.

Summary of this case from Tesser v. Board of Education

In Wilburn v. Eastman Kodak Co., 180 F.3d 475 (2nd Cir. 1999), an employment discrimination action, the Court of Appeals for the Second Circuit found no abuse of discretion in denying the employee's motion for a new trial.

Summary of this case from Youmans v. Dept. of Transp
Case details for

Wilburn v. Eastman Kodak Company

Case Details

Full title:BENJAMIN WILBURN, PLAINTIFF-APPELLANT , v. EASTMAN KODAK COMPANY…

Court:United States Court of Appeals, Second Circuit. August Term, 1998

Date published: Jun 25, 1999

Citations

180 F.3d 475 (2d Cir. 1999)

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