McCord v. Maguire

Citation885 F.2d 650
Decision Date21 September 1989
Docket NumberNos. 88-3627,88-3628,s. 88-3627
PartiesDorothy R. McCORD, Plaintiff-Appellee, v. John Patrick MAGUIRE, Defendant-Appellant.
CourtU.S. Court of Appeals — Ninth Circuit

Prior Report: 873 F.2d 1271.

Before REINHARDT, KOZINSKI and TROTT, Circuit Judges.

ORDER

The panel has voted to amend its opinion as follows: Delete from the second full paragraph of 873 F.2d 1274, the sentences reading: "While use of special verdicts pursuant to Federal Rule of Civil Procedure 49(a) remains within the discretion of the district court, litigants have the responsibility to request or submit special verdict forms. See Landes Constr. Co. [, Inc. v. Royal Bank of Canada ] 833 F.2d [1365] at 1374[ (9th Cir.1987) ]." Replace them with: "Federal Rule of Civil Procedure 49(a) gives district courts wide discretion in the use of special verdicts; refusal of a special verdict form is therefore reviewed only for gross abuse. See Landes Constr. Co., 833 F.2d at 1374. Still, litigants have the responsibility to request or submit special verdict forms. Id."

The panel has voted to deny the petition for rehearing. The full court has been advised of the suggestion for rehearing en banc, and no judge has requested a vote thereon. Fed.R.App.P. 35(b).

The petition for rehearing is denied and the suggestion for rehearing en banc is rejected.

THE MANDATE SHALL ISSUE FORTHWITH.

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18 cases
  • Madrigal v. Allstate Ins. Co.
    • United States
    • U.S. District Court — Central District of California
    • May 19, 2016
    ...v. Real Prop. Located at 20832 Big Rock Drive, Malibu, Cal. 902655 , 51 F.3d 1402, 1408 (9th Cir. 1995) ; see also McCord v. Maguire , 885 F.2d 650, 650 (9th Cir. 1989) (" Federal Rule of Civil Procedure 49(a) gives district courts wide discretion in the use of special verdicts; refusal of ......
  • Newton v. Equilon Enters., LLC
    • United States
    • U.S. District Court — Northern District of California
    • September 18, 2019
    ... ... Where multiple theories could support the verdict, sufficient evidence as to any of one of them will defeat a motion for new trial. See McCord v. Maguire , 873 F.2d 1271, 1273–74 (9th Cir.), opinion amended on denial of reh'g , 885 F.2d 650 (9th Cir. 1989) ("When a general verdict may ... ...
  • Idaho Golf Partners, Inc. v. Timberstone Mgmt., LLC.
    • United States
    • U.S. District Court — District of Idaho
    • August 17, 2017
    ... ... was not the sole basis for [a] verdict."); McCord v ... Maguire , 873 F.2d 1271, 1273-74 (9th Cir.), opinion amended on denial of reh'g , 885 F.2d 650 (9th Cir. 1989). Where the verdict was not ... ...
  • Allstate Ins. Co. v. Miller
    • United States
    • Nevada Supreme Court
    • July 30, 2009
    ... ... Kern, 899 F.2d at 777-78; McCord v. Maguire, 873 F.2d 1271, 1273-74, amended by 885 F.2d 650 (9th Cir.1989). In Gillespie v. Sears, Roebuck & Co., the First Circuit stated that ... ...
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3 books & journal articles
  • Table of Cases
    • United States
    • Washington State Bar Association Washington Appellate Practice Deskbook (WSBA) Table of Cases
    • Invalid date
    ...Marin Tug & Barge, Inc. v. Westport Petroleum, Inc., 271 F.3d 825 (9th Cir. 2001): 22.3(5) McCord v. Maguire, 873 F.2d 1271, as amended, 885 F.2d 650 (9th Cir. 1989): 11.7(5) McLinn, In re Complaint of, 744 F.2d 677 (9th Cir. 1984): 22.3(4) Miller v. Dormire, 310 F.3d 600 (8th Cir. 2002): 2......
  • § 11.7 Particular Applications of the General Rule and Its Exceptions
    • United States
    • Washington State Bar Association Washington Appellate Practice Deskbook (WSBA) Chapter 11 Scope of Review and Preservation of Error in the Trial Court
    • Invalid date
    ...by substantial evidence, we will uphold the verdict if the evidence is sufficient with respect to any of the allegations."), as amended, 885 F.2d 650 (9th Cir. 1989); Davis v. Microsoft Corp., 149 Wn.2d 521, 539, 70 P.3d 126 (2003). But see Crittenden v. Fibreboard Corp., 58 Wn. App. 649, 6......
  • Plains Commerce Bank v. Long Family Land and Cattle Company, Inc.: an introduction with questions.
    • United States
    • South Dakota Law Review Vol. 54 No. 3, September 2009
    • September 22, 2009
    ...of the Federal Rules of Civil Procedure. See, e.g., Gillespie v. Sears, Roebuck & Co., 368 F.3d 21 (1st Cir. 2004); McCord v. Maguire, 885 F.2d 650 (9th Cir....

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