Loehr v. Mettille
Annotate this CaseHomeowners filed suit against Contractor, asserting claims for defamation and illegal collection practices. After a trial, the jury rejected Homeowners' claims and awarded Contractor damages for its breach of contract counterclaim. Homeowners filed a motion for a new trial, arguing that Contractor committed misconduct by giving false testimony and fabricating an exhibit in order to support that testimony. Homeowners recognized the flaws in the exhibit before the case was submitted to the jury, but instead of alerting the court, decided to argue those flaws to the jury during the rebuttal stage of closing argument. The district court granted the motion. The court of appeals reversed the district court's order granting a new trial. The Supreme Court affirmed, holding that the district court abused its discretion in granting a new trial where (1) the district court did not lack authority to grant a new trial simply because the objection to the exhibit could have been raised earlier and was not; but (2) considering all the circumstances, including the absence of real misconduct or prejudice and Homeowners' decision to wait until rebuttal argument to bring forward its concerns, the district court abused its discretion in granting a new trial.
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