Posts tagged "1011513"

Zaniboni v. Massachusetts Trial Court (Lawyers Weekly No. 10-115-13)

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June 17, 2013.

Practice, Civil, Report, Judgment notwithstanding verdict, New trial.

The plaintiff, Carole J. Zaniboni, commenced this action in 2001, alleging that the defendant, the Massachusetts Trial Court (Trial Court), had not selected her for two different promotions in her department based on her age, in violation of G. L. c. 151B.  In November, 2006, after a Superior Court jury found in her favor with respect to one of the two positions, the trial judge denied the Trial Court’s motion for judgment notwithstanding the verdict (judgment n.o.v.) but granted its alternative motion for a new trial.  The parties filed cross appeals — Zaniboni from the allowance of the Trial Court’s motion for a new trial and the Trial Court from the denial of its motion for judgment n.o.v.  The record was assembled (after some delay), and the case was entered in the Appeals Court in June, 2010.  Because the judge had granted the motion for a new trial, the appeal was premature; the record should not have been assembled and the case should not have proceeded to an appellate court.  See, e.g., Okongwu v. Stephens, 396 Mass. 724, 728-729 & n.7 (1986).  See also J.W. Smith & H.B. Zobel, Rules Practice § 50.18, at 156-157 (2d. ed. 2006). read more


Posted by Massachusetts Legal Resources - June 17, 2013 at 5:55 pm

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