Radwan v. Carteret Board of Education

62 F. App'x 34
CourtCourt of Appeals for the Third Circuit
DecidedJanuary 24, 2003
DocketNo. 01-2596
StatusPublished
Cited by2 cases

This text of 62 F. App'x 34 (Radwan v. Carteret Board of Education) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Radwan v. Carteret Board of Education, 62 F. App'x 34 (3d Cir. 2003).

Opinion

OPINION OF THE COURT

McKEE, Circuit Judge.

The Carteret Board of Education (the “Board”) appeals the district court’s grant of a new trial to Saad Radwan following a jury verdict that was partially in Radwan’s favor on various claims of discrimination. For the reasons that follow, we will reverse the district court’s order for a new trial.

Since we write only for the parties and the district court we need not detail the factual or procedural history of this appeal. However, it is helpful to briefly state the procedural context of the Board’s appeal in order to explain our decision to reverse the district court’s order.

I.

After filing claims of discrimination with the New Jersey Division on Civil Rights, Radwan filed the instant complaint against [36]*36the Board in the District Court of New Jersey alleging illegal discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et. seq., the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et. seq. (“NJLAD”); and the Americans with Disabilities Act, 42 U.S.C. § 12101 et. seq.; as well as illegal discrimination on the basis of workers’ compensation claims in violation of N.J.S.A. 84:15-39.1.

On April 2, 2001, the jury returned a verdict that was partially in Radwan’s favor. However, the jury ruled in favor of the Board on Radwan’s claim for punitive damages under the NJLAD. The jury also decided that Radwan had proven punitive damages under Title VII by a preponderance of the evidence, and awarded him $175,000 in punitive damages on that claim. For reasons that are not apparent on this record, the district court never entered judgment on that verdict.

Thereafter, on April 3, 2001, the Board submitted a proposed form of judgment to the district court molding the damage award to zero dollars based upon the Board’s claim that Title VII did not allow punitive damages against a government agency or political subdivision. See 42 U.S.C. § 1981a(b)(l). On April 12, 2001, the Board filed a motion for judgment notwithstanding the verdict (“judgment n.o.v.”) asking the court to set aside Rad-wan’s punitive damage award.1 On May 21, 2001, the district court denied the Board’s motion for judgment n.o.v., and ordered a new trial. The court also set aside Radwan’s punitive damage award as it was based on an erroneous charge of law regarding the restriction on Title VII and punitive damage awards against government agencies or political subdivisions. The Board now appeals that order.

II.

“Federal courts are courts of limited jurisdiction. They possess only that power authorized by Constitution and statute, which is not to be expanded by judicial decree.” Kokkonen v. Guardian Life Ins. of America, 511 U.S. 375, 377, 114 S.Ct. 1673, 128 L.Ed.2d 391 (1994). 28 U.S.C. § 1291 provides circuit courts of appeals with jurisdiction “of appeals from all final decisions of the district courts of the United States” and with jurisdiction of appeals from a discrete class of interlocutory decisions not relevant to this appeal.

The district court here ordered a new trial sua sponte pursuant to Federal Rule of Civil Procedure 59(d). That Rule provides:

No later than 10 days after entry of judgment the court, on its own, may order a new trial for any reason that would justify granting one on a party’s motion. After giving the parties notice and an opportunity to be heard, the court may grant a timely motion for a new trial for a reason not stated in the motion. When granting a new trial on its own initiative or for a reason not stated in a motion, the court shall specify the grounds in its order.

F.R.C.P. 59(d)(2002).

However, an order granting a new trial is interlocutory, and is thus not an appeal-able final order within the meaning of § 1291. See Stradley v. Cortez, 518 F.2d 488, 491 (3d Cir.1975); and Blancha v. Raymark Ind., 972 F.2d 507, 511-12 (3d Cir.1992)(stating that an order granting new trial is purely interlocutory and there[37]*37fore not an appealable final order under Section 1291). Such an order only becomes reviewable following entry of a final order at the conclusion of the ensuing retrial. Blancha, 972 F.2d at 512. At that point, if it appears that the district court erred in granting a new trial, we will reverse the order granting a new trial and reinstate the original verdict. Id.

However, the Board argues that we should exercise jurisdiction under the limited exception which arises when the trial court’s power to grant a new trial is challenged on appeal. Stradley, 518 F.2d at 491. Under this narrow exception, an order that would otherwise be interlocutory is treated as an appealable final order. Id.; see also Demeretz v. Daniels Motor Freight, Inc., 307 F.2d 469, 471 (3d Cir.1962). This exception is based upon Phillips v. Negley, wherein the Supreme Court ruled that an order granting a new trial is itself reviewable as a final judgment when the challenge goes to the judicial power of the trial court to take that action. 117 U.S. 665, 671-74, 6 S.Ct. 901, 29 L.Ed. 1013 (1886). In making its argument, the Board points out that the district court’s order for a new trial was entered on May 21, 2001, 49 days after the jury returned its verdict and well beyond the 10 day time restriction of F.R.C.P. 59(d). As noted above, Fed.R.Civ.P. 59(d) requires that a court enter an order for a new trial “[n]o later than 10 days after entry of judgment....” Accordingly, the Board’s appeal essentially raises a question of the district court’s authority to act beyond the time limit imposed by Rule 59(d), and therefore fits within this narrow jurisdictional exception.

The Board claims that the order granting a new trial is a nullity because it was not entered within 10 days of judgment. However, as noted above, the district court never entered a judgment before ordering a new trial. Absent a judgment, the 10 day time restriction of Rule 59(d) is inapplicable, and we therefore conclude that the order for a new trial was not untimely as the Board suggests.

However, the Board raises a second issue that requires us to review the merits of the order for a new trial.

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62 F. App'x 34, Counsel Stack Legal Research, https://law.counselstack.com/opinion/radwan-v-carteret-board-of-education-ca3-2003.