• August 3, 2009

Particularly given the fact that attorneys’ fees often eat into plaintiff’s recoveries, it is a bitter pill when a plaintiff wins on liability but is awarded a fraction of its damages.

Such was the case in Hyundai Motor Finance Co. v. McKay (below) in which the Arkansas jury agreed that defendant McKay breached its financing agreement with Hyundai but, instead of awarding the $819,000 of damages, awarded only $276,000.

Adding to Plaintiff’s challenge, the Eighth Circuit found that Hyundai’s Rule 50 motions for judgment as a matter of law pre- and post-verdict were insufficient and thus reviewed the jury verdict under the highly deferential “manifest injustice” standard of review.

Hyundai Motor Finance Co. v. McKay Motors (8th Cir 2009)

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