Goss Intern. Corp. v. Tokyo Kikai Seisakusho, Ltd.
Decision Date | 26 May 2004 |
Docket Number | No. C00-35-LRR.,C00-35-LRR. |
Citation | 321 F.Supp.2d 1039 |
Parties | GOSS INTERNATIONAL CORPORATION, a Delaware corporation, Plaintiff, v. TOKYO KIKAI SEISAKUSHO, LTD, a Japanese corporation; and TKS (U.S.A.), Inc., a Delaware corporation; Defendants. |
Court | U.S. District Court — Northern District of Iowa |
Bradley P. Nelson, Ian H. Fisher, Jose A. Lopez, Mary Beth Wynn-Smith, Steven A. Weiss, William G. Schopf, Schopf & Weiss, Chicago, IL, Patrick M. Roby, Robert M. Hogg, Elderkin Law Firm, Cedar Rapids, IA, for Plaintiff.
Barry J. Reingold, Perkins Coie, LLP, Lawrence R. Walders, Neil R. Ellis, Sidley Austin Brown & Wood, LLP, Washington, DC, Hoken S. Seki, Hoken S. Seki Law Offices, Lake Forest, IL, Nicholas (Tre) Critelli, III, Nicholas V. Critelli, Jr., Nicholas Critelli Assoc, Des Moines, IA, Peter J. Toren, Sidley Austin Brown & Wood, LLP, New York, NY, for Defendants.
This matter is before the court on Defendants Tokyo Kikai Seisakusho, Ltd.'s and TKS (U.S.A.), Inc.'s (collectively "TKS") Motion for a New Trial (docket no. 417) and Motion for Judgment as a Matter of Law (docket no. 418). Following an eleven-day trial, the jury returned a verdict in favor of Plaintiff Goss International Corporation ("Goss") on its claims that TKS engaged in dumping in violation of the Antidumping Act of 1916, 15 U.S.C. § 72 (the "1916 Act"). Specifically, the jury found that TKS caused injury to Goss with respect to three sales: the Dallas Morning News (the "DMN") in 1996, the Orlando Sentinel (the "OS") in 1997, and the Newark Star Ledger (the "NSL") in 1997. The jury awarded damages to Goss totaling $10,539,949.
Goss Graphic Systems, Inc., was a manufacturer and supplier of newspaper presses, newspaper press additions and other printing press systems for the newspaper, advertising and commercial printing and publishing markets. Goss is the successor to the business and assets of Goss Graphic Systems, Inc. Tokyo Kikai Seisakusho, Ltd., is a Japanese corporation with its principal place of business in Tokyo, Japan which manufactures newspaper presses and newspaper press additions and distributes such products in Japan, the United States and other countries through its subsidiaries. TKS (U.S.A.), Inc., is a Delaware corporation with its principal place of business in Richardson, Texas which imports, markets and sells in the United States newspaper presses and newspaper press additions manufactured by Tokyo Kikai Seisakusho, Ltd.
Goss initiated this lawsuit against TKS in May, 2000 alleging claims against TKS under the 1916 Act. The 1916 Act provides in pertinent part:
It shall be unlawful for any person importing or assisting in importing any articles from any foreign country into the United States, commonly and systematically to import, sell or cause to be imported or sold such articles within the United States at a price substantially less than the actual market value or wholesale price of such articles, at the time of exportation to the United States, in the principal markets of the country of their production, or of other foreign countries to which they are commonly exported after adding to such market value or wholesale price, freight, duty and other charges and expenses necessarily incident to the importation and sale thereof in the United States: Provided, That such act or acts be done with the intent of destroying or injuring an industry in the United States, or of preventing the establishment of an industry in the United States or of restraining or monopolizing any part of the trade and commerce in such articles in the United States.
15 U.S.C. § 72. Goss alleged in its Complaint that
The case was tried to a jury beginning on November 17, 2003 and was submitted to the jury on December 3, 2003, after eleven days of trial.1 The jury returned a verdict in favor of Goss on December 3, 2003. The jury awarded to Goss lost profits and the opportunity cost of capital relating to lost profits with regard to three sales: (1) the Dallas Morning News in 1996; (2) the Orlando Sentinel in 1997; and (3) the Newark Star Ledger in 1997. The jury allocated damages as follows:
------------------------------------------------------------------------------- Dallas Morning News Lost profits $ 840,720 ------------------------------------------------------------------------------- Dallas Morning News Opportunity cost of capital relating to $ 551,770 lost profits ------------------------------------------------------------------------------- Orlando Sentinel Lost profits $1,060,420 ------------------------------------------------------------------------------- Orlando Sentinel Opportunity cost of capital relating to $ 637,366 lost profits ------------------------------------------------------------------------------- Newark Star Ledger Lost profits $4,844,019 ------------------------------------------------------------------------------- Newark Star Ledger Opportunity cost of capital relating to $2,605,654 lost profits -------------------------------------------------------------------------------
TKS now moves for a new trial pursuant to Rule 59(a)(1) of the Federal Rules of Civil Procedure and for judgment as a matter of law pursuant to Federal Rules of Civil Procedure 50(a) and (b). Neither party expressly requested oral argument on TKS's Motion for a New Trial or Motion for Judgment as a Matter of Law and the court concludes that no further argument is required. Therefore, this matter is now fully submitted.
Federal Rule of Civil Procedure 59(a) provides that "in an action in which there has been a trial by jury," the court may grant a new trial "for any of the reasons for which new trials have heretofore been granted in actions at law in the courts of the United States." Fed.R.Civ.P. 59(a). The court may grant a new trial to all or any of the parties on all issues or on particular issues. Id. The authority to grant a new trial is within the discretion of the district court. Gray v. Bicknell, 86 F.3d 1472, 1480-81 (8th Cir.1996). The district court's denial of a motion for new trial is reviewed for abuse of discretion. Id. at 1480-81.
The standard for granting a new trial is whether the verdict is against "the great weight of the evidence." Butler v. French, 83 F.3d 942, 944 (8th Cir.1996). Any other standard" `would destroy the role of the jury as the principal trier of the facts, and would enable the trial judge to disregard the jury's...
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