U.S. Court of Appeals for the Second Circuit
Attorney Fees — Manifest Injustice
ING Global v. United Parcel Service Oasis Supply Corporation
Judges Pooler, Parker and Wesley
Background: The plaintiff appealed from an order that set aside a verdict awarding attorney’s fees on a breach of contract claims on the ground of manifest injustice.
Ruling: The Second Circuit reversed and remanded. The court held that in light of the defendant’s failure to move pursuant to Rule 50(a) and the existence in the record of evidentiary support for the verdict, the court erred in setting the verdict aside.
John J. Zefutie Jr. of Patton Boggs for the plaintiff-counter-defendant-appellant; Robert E. Kaelin on Murtha Cullina for the defendant-counter-claimant-appellee