From Kode v. Carlson, 2010 U.S. App. LEXIS 3936 (9th Cir. Feb. 25, 2010):
Whether we may rule on the merits of a Rule 59 motion for a new trial based on the weight of the evidence where the district court has not yet done so because it found the motion waived appears to present an issue of first impression in this court. Assuming, withou ...
From Kode v. Carlson, 2010 U.S. App. LEXIS 3936 (9th Cir. Feb. 25, 2010):
Whether we may rule on the merits of a Rule 59 motion for a new trial based on the weight of the evidence where the district…