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Original Talk Radio Network, Inc. v. Alioto

United States District Court, D. Oregon, Medford Division

October 7, 2014

THE ORIGINAL TALK RADIO NETWORK, INC., an Oregon corporation, TALK RADIO NETWORK ENTERPRISES, LLC, an Oregon limited liability Company, TALK RADIO NETWORK ENTERTAINMENT, INC., an Oregon corporation, TALK RADIO NETWORK-FM, INC., a Delaware corporation, AMERICA'S RADIO NEWS NETWORK, a Nevada Corporation, Plaintiffs and Counter-claim Defendants,
v.
JOSEPH M. ALIOTO, individually and doing business as the ALIOTO LAW FIRM, Defendant and Counter-claim Plaintiff.

ORDER

OWEN M. PANNER, District Judge.

This matter comes before me on Defendant's Motion for Judgment (#190) and Plaintiffs' Supplemental Motion for Judgment Notwithstanding the Verdict (#199). Both motions are DENIED.

Background

This matter was tried before a jury on July 1-2, 2014. The verdict form asked the jury four questions, which the jury answered as follows:

I. Did Defendant promise, as part of his written and alleged oral contract with Plaintiffs, to vigorously prosecute Plaintiffs' case?

The jury answered "Yes."

II. If you answered "Yes" to Question I, did Defendant vigorously prosecute Plaintiffs' case?

The jury answered "No."

III. Did Defendant promise, as part of his written and alleged oral contract with Plaintiffs, to diligently finalize and file the complaint in Plaintiffs' case?

The jury answered "Yes."

IV. Did Plaintiffs fail to perform as required by contract?

The jury answered "Yes."

After questioning the jury and hearing the arguments of the parties, I determined that the jury's inswers to Questions I, II, and III were inconsistent with their answer to Question IV. I denied both parties' oral motions for ...


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