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63. What standard should the court apply in ruling on the motion?
The employer has renewed its JMOL motion.
At the close of the evidence at trial, the employer moved for judgment as a matter of law (JMOL), which the court denied. The jury returned a verdict for the conductor.
A train conductor brought an action against her railroad employer under a federal statute providing liability for work-related injuries occurring on railroads. The employer denied liability, claiming that the conductor's injuries pre-dated her employment and were outside the scope of the statute.
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A is incorrect. A preponderance standard involves weighing the evidence, and the court may not weigh the evidence when ruling on a Rule 50 motion.
B is incorrect. Courts may not weigh the evidence when ruling on a Rule 50 motion.
C is incorrect. A mere scintilla of evidence would not be legally sufficient to sustain the verdict. A court may grant judgment as a matter of law against a party only if the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for that party.