Farmers Cooperative Co. v. Senske & Son Transfer Co., No. 08-2809
In an action brought under the Federal Odometer Act, district court judgment denying defendant's motion for a new trial is affirmed where: 1) the damages award against defendant is supported by substantial evidence; 2) the court did not err in refusing to bifurcate the case into liability and damages proceedings as it was a relatively simple case involving only one claim and one defendant that did not warrant bifurcation; 3) there was no error in the court's verdict form or in the jury instructions; 4) the court did not abuse its discretion denying defendant's motions for continuance; 5) the court's disputed comments during trial did not prejudice the jury or constitute judicial misconduct; and 6) the court did not err in awarding attorneys' fees award or in awarding plaintiff prejudgment interest.
Read Farmers Cooperative Co. v. Senske & Son Transfer Co., No. 08-2809
Appeal from the United States District Court for the District of North Dakota.
Submitted: March 13, 2009
Filed: May 14, 2009
Before LOKEN, Chief Judge, EBEL and CLEVENGER, Circuit Judges.
Opinion by CLEVENGER, Circuit Judge.
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