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25. Which motion should the handyman's attorney file to challenge the verdict?
At the one-day trial in October, the homeowner disputed the contract's validity, testifying before a jury that the handyman had installed the bathroom as a gift and that the exchanged emails referring to a «contract» between the parties had been in jest. After the close of evidence, the court issued jury instructions, and the jury deliberated for 15 minutes before returning a verdict for the homeowner.
A handyman filed a diversity action against a homeowner in federal court in State A. The handyman alleged that the homeowner failed to pay $150,000 owed on valid service contract for the installation of a bathroom in the homeowner's home. Discovery concluded in March.
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A is incorrect. A motion for judgment as a matter of law would be untimely because it must be made after the evidence has been presented but before the case has been submitted to the jury. Here, the case has already been submitted to the jury and a verdict has been returned.
B is incorrect. A motion for summary judgment would also be untimely because it is only available within 30 days after the close of all discovery. Here, discovery closed in March and the trial took place in October, approximately seven months later.
C is incorrect. The handyman could not successfully move for dismissal based on lack of personal jurisdiction because by filing his suit in State A, the handyman consented to the court's jurisdiction.