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Thomas R. Newman, of counsel to Duane Morris, and Steven J. Ahmuty Jr., a partner at Shaub, Ahmuty, Citrin & Spratt, write: When an appellate court reverses a judgment and grants a new trial, it is not unusual for the losing party to want to salvage something from the original trial, such as a favorable (and unexpected) jury determination on a difficult issue that is not likely to be repeated by a second jury. Conversely, the successful appellant wants to start with a clean slate in the hope of obtaining a better result than the one at the original trial. For example, the winning party may want to add new theories or defenses at the retrial. These competing interests sometimes engender disputes about the scope of a new trial order made by an appellate court, as the Second Department recently discussed.
February 04, 2009 at 12:00 AM
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