Hafco did not cross appeal on any issue relating to damages.Hafco Foundry & Mach. Co. v. GMS Mine Repair & Maint., Inc., Civ. No. 1:15-16143, 2018 WL 1582728, at *8-12 (S.D. W. Va. Mar. 30, 2018) ("Dist. Ct. Op."); id., 2018 WL 1733986 (S.D. W. Va. Apr. 10, 2018) ("Dist.
On the remittitur that I recommend, this aspect would require our attention. Hafco Foundry & Mach. Co. v. GMS Mine Repair & Maint., Inc., Civ. No. 1:15-16143, 2018 WL 1582728, at *8-12 (S.D. W. Va. Mar. 30, 2018) ("Dist. Ct. Op."); id., 2018 WL 1733986 (S.D. W. Va. Apr. 10, 2018) ("Dist.
Hafco Foundry & Mach. Co., Inc. v. GMS Mine Repair & Maint., Inc., No. CV 1:15-16143, 2018 WL 1582728, at *7 (S.D. W.Va. Mar. 30, 2018). On review, “jury instructions must be viewed as a whole, and even when jury instructions are flawed, there can be no reversal unless the error seriously prejudiced the plaintiff's case.”
A party seeking a new trial based on erroneous jury instructions must establish "(1) it made a proper and timely objection to the jury instructions; (2) those instructions were legally erroneous; (3) the errors had prejudicial effect; and (4) it requested alternative instructions that would have remedied the error." Hafco Foundry & Mach. Co., Inc. v. GMS Mine Repair & Maint., Inc., No. CV 1:15-16143, 2018 WL 1582728, at *7 (S.D.W. Va. Mar. 30, 2018) (internal citations omitted). The determination of whether instructions were legally erroneous is a question of law.