Circuit reaffirms no appeal from the denial of a Rule 59 "weight of the evidence" motion

This disability discrimination case went to trial, but the plaintiff lost and his former employer won. Post-trial, plaintiff filed a motion for a new trial pursuant to Rule 59, arguing that the verdict in defendant's favor was against the weight of the evidence. The trial court denied that motion, so plaintiff appeals. Except that plaintiff has a problem: the Second Circuit, at least in this instance, is the problem.

The case is Raymond v. 1199 SEIU, issued on July 23. There are many ways to challenge an adverse verdict. The most common method is to argue post-trial that the evidence is so overwhelming that the case should not have even reached the jury. Defendants often make that argument in challenging the verdict as a whole. That's a motion under Rule 50 for judgment as a matter of law. The losing side can also move for a new trial under Rule 59, claiming the verdict was agains the weight of the evidence. That motion is rarely granted and turns on the trial court''s judgment that there just was not enough evidence for the winning side to prevail and we are going to have a do-over.

If the trial court denies the Rule 59 "weight of the evidence" motion, the next stop is the Court of Appeals. But here is the problem. Under Second Circuit law, if the trial court sets aside the verdict under Rule 59, that order can be appealed. If the trial court denies the Rule 59 "weight of the evidence" motion, that ruling cannot be appealed. 

All the other circuit courts allow you to appeal from the denial of a such a motion. But not the Second Circuit. Judge Sack notes the anomaly posed by this distinction:

the reviewability of a Rule 59(a) weight-of-the-evidence decision depends on the outcome of the district judge’s decision: If the district judge overturns the jury verdict on weight-of-the-evidence grounds, it is reviewable; if the judge upholds a jury verdict over a losing party’s motion that the verdict contravenes the weight of the evidence, that decision is not reviewable. That is, if a district court denies a Rule 59(a) motion to vacate a verdict, we cannot review that denial.

Every so often, however, the Second Circuit says that such motions under Rule 59 are appealable. But then a different panel will hold otherwise. Judge Sack notes that anomaly as well:

Our caselaw on this issue is somewhat confounding. Just last year, we concluded that there is “ambiguity in our precedents” regarding whether a district court’s denial of a Rule 59(a) motion for a new trial on weight-of-the-evidence grounds is reviewable. See Ortiz v. Stambach, 137 F.4th 48, 71 (2d Cir. 2025) (collecting cases). We doubt, though, that our precedents can be viewed that way. Instead, we conclude that our precedents firmly establish that such a denial is not reviewable on appeal. 

In this ruling, the panel (Sack, Perez and Preska [D.J.]) holds firm on the rule that you cannot appeal from the denial of a Rule 59 "weight of the evidence" motion, holding that the Court therefore has no appellate jurisdiction over this portion of plaintiff's appeal. Judge Sack says that's the rule in the Second Circuit, and the only way it's going to change is if the Supreme Court or an en band panel of the Second Circuit directs otherwise. The verdict on the disability discrimination verdict stands.