Senior Counsel Ashley Loeb won a rare appellate court reversal of a new trial order …

Senior Counsel Ashley Loeb won an appeal of an order granting a new trial.  It is extremely rare for an appellate court to reverse a new trial order.  Partner John Paulson obtained a defense verdict at trial in an admitted liability case where the jury found no causation.  The trial judge granted the plaintiff’s motion for new trial on the basis that the evidence for causation was uncontroverted.  Mrs. Loeb appealed the new trial order, arguing that there was substantial evidence for a jury to find against causation, including evidence undermining the plaintiff’s credibility and evidence of alternative causes for plaintiff’s claimed injuries.   Mrs. Loeb also argued that the particular ground upon which the new trial motion was granted has a standard of review on appeal that gives substantial deference to the jury’s verdict rather than the new trial order.  The Court of Appeal agreed with Mrs. Loeb’s legal and factual arguments, reversed the new trial order in full, instructed the trial court to reinstate the judgment in favor of the Defendant Appellant, and awarded the Defendant Appellant her costs on appeal.