Kelso v. Butler

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The Fifth Circuit affirmed the district court's grant of defendant's motion for judgment as a matter of law under Federal Rule of Civil Procedure 50. In this action asserting breach of contract, the court held that, assuming without deciding that the motion did not sufficiently apprise plaintiff of deficiencies in proof and that the district court therefore erred in granting defendant's Rule 50 motion, under a de novo standard of review, plaintiff failed to establish that the error was harmless. In this case, plaintiff could not have presented legally sufficient evidence to support his claim for breach of contract. The court also held that the district court did not abuse its exceedingly wide discretion by denying plaintiff's motion for a continuance. View "Kelso v. Butler" on Justia Law