Ira Green, Inc. v. Military Sales & Serv. Co., No. 14-1178 (1st Cir. 2014)
Annotate this CaseThis appeal concerned a commercial dispute between business rivals. Ira Green, Inc. (Green) sued Military Sales & Service Co. (MilSal) in federal district court, alleging tortious interference and defamation. After an eight-day jury trial, the district court entered a final judgment for MilSal on all the tried counts. The district court denied Green’s motion for a new trial and taxed costs in favor of MilSal. Green appealed, asserting that a new trial was necessary because of a serious of legal errors, including error in the trial court’s failure to poll the jury despite Green’s request for such a poll. The First Circuit affirmed, holding (1) Green waived its request for a jury poll due to its failure to act reasonably to preserve its rights, and even if the jury-poll request was merely forfeited, the poll’s omission cannot be said to have affected Green’s substantial rights; and (2) upon consideration of the remainder of Green’s claims, there was no reversible error.
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