Appellants argued that the District Court abused its discretion by amending its posttrial
findings to determine that at the time of the transfer, the market value of the property was $1,935,000 and by applying a $750,000 agricultural homestead exemption.
This may not change matters much for the legal system: very few cases, civil or criminal, are ultimately resolved by jurors, (136) and even in those cases, much of the work, whether pretrial or posttrial
, is done by judges.
In Tellabs, the respondents' brief argued that the pleading standard advocated by the petitioners would violate the Seventh Amendment because it imposed a stricter standard for pleading securities fraud claims than courts impose when deciding posttrial
and summary judgment motions, and thus interfered with the jury's factfinding role.
DRPE then filed a notice of appeal, purporting to appeal to the Appellate Division from various rulings that were made at trial, from the denial of the posttrial
motion for remittitur, and from the denial of the request for a report of the case to the Appellate Division.
These new findings from a posttrial
analysis of ELITE data provide yet further support for the hormone therapy (HT) "timing hypothesis," which postulates that HT slows atherosclerosis progression in recently menopausal women but has neutral or adverse effects in women who are at least a decade past menopause onset.
If a plaintiff s affidavit states she is seeking $50,000 or less, and she is awarded over $50,000, that award "shall be reduced posttrial
to an amount not in excess of $50,000." (41) If a plaintiff later discovers the initial affidavit was incorrect, she may amend or supersede it, but only for "good cause" and "only if it is clear that no party will suffer any prejudice as a result." (42) The plaintiff may amend this affidavit at any point in the proceedings before trial.
Specifically, the primary outcomes were incidence of diabetes and changes in blood 25-hydroxy vitamin D (25 (OH) D) levels between baseline and posttrial
. The secondary outcomes included indexes of glucose intolerance, insulin resistance, and insulin secretion, such as HbA1c (%), fasting glucose, fasting insulin, insulin sensitivity (QUICKI, homeostatic model assessment-insulin resistance (HOMA-IR, HOMA2IR), homeostasis model assessment of insulin sensitivity (HOMA2%S)), [beta]-cell function (homeostasis model assessment of [beta]-cell function (HOMA-B, HOMA-%B, or HOMA2-%B)), and disposition index (DI).
The district court did not abuse its discretion in denying the defendants' motion for a new trial based on posttrial
statements of a government witness.
For the whole study period (0- 60 days), the text message group showed a statistically significant (P<0.001) improvement in PI, B1 and MGI scores when compared base line value (T0) with the posttrial
value (T2) (Table 7).
Defendants never claimed at trial or in their posttrial
motion that plaintiffs' proof was deficient because it failed to establish improper conduct after process was issued....