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MMLU / A plaintiff sued a defendant in federal court for injuries arising out of an…

Problem

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question

A plaintiff sued a defendant in federal court for injuries arising out of an accident involving the parties. The plaintiff alleged and presented evidence at trial demonstrating that her injuries had left her legs permanently paralyzed. The jury found in favor of the plaintiff and awarded her $5 million in damages. Two months after the court entered judgment, the defendant was given a videotape made that day showing the plaintiff jogging with her doctor. What is the best way for the defendant to seek relief from the judgment?

choices

  1. Move for a new trial or in the alternative for remittitur to reduce the award in light of the shortened duration of the plaintiff's injuries.
  2. Move for relief from the judgment on the ground that the judgment was based on the jury's mistaken belief that the plaintiff's injuries would be permanent.
  3. Move for relief from the judgment on the ground that the plaintiff committed a fraud in obtaining damages for permanent injuries.
  4. Move for relief from the judgment on the ground that there is newly discovered evidence that the plaintiff's injuries were not permanent.

subject

professional_law

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