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qid 1643 · law
Question: A plaintiff sued a defendant in federal court for injuries arising out of an accident involving the parties. The plaintiff alleged and presented evidence at trial demonstrating that her injuries had left her legs permanently paralyzed. The jury found in favor of the plaintiff and awarded her $5 million in damages. Two months after the court entered judgment, the defendant was given a videotape made that day showing the plaintiff jogging with her doctor. What is the best way for the defendant to seek relief from the judgment?
- Move to set aside the verdict based on the new evidence that contradicts the plaintiff's claims.
- Move for relief from the judgment on the ground that the plaintiff's injuries were not as severe as originally presented.
- Move for a new trial or in the alternative for remittitur to reduce the award in light of the shortened duration of the plaintiff's injuries.
- Move for relief from the judgment on the ground that the plaintiff misled the court about her condition.
- Move for relief from the judgment on the ground that there is newly discovered evidence that the plaintiff's injuries were not permanent.
- Request a retrial on the basis of newly discovered evidence that could alter the verdict.
- Move for relief from the judgment on the ground that the plaintiff committed a fraud in obtaining damages for permanent injuries.
- Move for relief from the judgment on the ground that the judgment was based on the jury's mistaken belief that the plaintiff's injuries would be permanent.
- File an appeal with the appellate court alleging that the judgment was based on false information.
- Move for relief from the judgment arguing that the jury's decision was influenced by emotional rather than factual reasoning.
Our answer: G. Move for relief from the judgment on the ground that the plaintiff committed a fraud in obtaining damages for permanent injuries. Source quote machine-checked (at mint)
How it was answered
Stored formula / worked method, replayed by code
Current source
https://www.law.cornell.edu/rules/frcp/rule_60
Source weak (url)