JMOL before plaintiff rests is premature

In Echeverria v. Chevron USA, Inc., filed yesterday, the Fifth Circuit reversed a JMOL that the trial court had entered before the plaintiff rested his case. The court held that a party has not been "fully heard" for purposes of FRCP 50(a)(1) until after that party has submitted all its evidence and rested its case.

Posted by RPW at November 16, 2004 05:18 PM