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Hayes v. Cha

Because Rule 59 is procedural, it does not run afoul of the Rules Enabling Act, and since the federal court's substantive standard of "shocks the conscience" is identical with New Jersey's, the federal standard applies when reviewing a jury award in diversity cases; where plaintiff suffered disfigurement and numerous surgeries as a result of being exposed to bacteria from unsterilized instruments, the verdict is not against the weight of the evidence on the negligence or informed-consent claims.

October 25, 2004 at 12:00 AM

1 minute read

By | Updated on October 25, 2004

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