Zunum Aero Inc v. The Boeing Company

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 10 ZUNUM AERO, INC., CASE NO. C21-0896JLR 11 Plaintiff, ORDER v. THE BOEING COMPANY, et al., Defendants.

15 Before the court is Defendants The Boeing Company and Boeing HorizonX Ventures, LLC’s (together, “Boeing”) motion for clarification of the court’s August 14, 2024 order. (Mot. (Dkt. # 750); see 8/14/24 Order (Dkt. # 744).) Plaintiff Zunum Aero, Inc. does not oppose Boeing’s motion. (See generally Dkt.) The court GRANTS Boeing’s motion for clarification (Dkt. # 750).

20 In its August 14, 2024 order, the court granted Boeing’s motion for judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50(b). (8/14/24 Order at 53.)

22 Pursuant to Federal Rule of Civil Procedure 50(c), the court now conditionally GRANTS Boeing’s motion for a new trial (Dkt. # 695). As to each of the claims on which the jury found against Boeing (see generally Verdict (Dkt. ## 684 (sealed), 685 (redacted))), the court finds that the verdict is against the clear weight of the evidence, the awarded damages are excessive, and that a new trial is otherwise necessary to prevent a miscarriage of justice and undue prejudice to Boeing for the reasons discussed in the court’s August 14, 2024 order and Boeing’s motion for judgment as a matter of law or, in the alternative, for a new trial. See Molski v. M.J. Cable, Inc., 481 F.3d 724, 729 (9th Cir. 2007).

9 Dated this 17th day of September, 2024.

A JAMES L. ROBART 11 United States District Judge