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Ira Green, Inc. v. Military Sales & Serv. Co.

Ira Green, Inc. v. Military Sales & Serv. Co.

United States Court of Appeals for the First Circuit

December 19, 2014, Decided

No. 14-1178

Opinion

 [*16]  SELYA, Circuit Judge. This is a bruising commercial dispute between business rivals. When the eponymous plaintiff, Ira Green, Inc. (Green), repaired to the federal district court, it charged the defendant, Military Sales & Service Co. (MilSal), with tortious interference and defamation. After prodigious discovery and an acrimonious trial, the jury returned a take-nothing verdict. The district court denied Green's post-trial motions and, adding insult to injury, corrected a portion of the judgment favorable to Green and awarded costs to MilSal. [**2]  Green appeals, presenting a florid palette of claimed errors.

These claims of error include an issue of first impression in this circuit. ] In 2009, the Civil Rules were amended to enshrine a party's right to demand a jury poll. See Fed. R. Civ. P. 48(c). Here, Green requested such a poll, but did not receive one. Still, a party who requests a jury poll must act reasonably to preserve its rights and, in the circumstances of this case, Green did not do so. Consequently, its claim of error is unavailing.

The remainder of Green's asseverational array is more prosaic. Upon careful perscrutation, we discern no reversible error and affirm the judgment below. The tale follows.

It's Not Easy Being Green

Green is a Rhode Island corporation engaged in the marketing and distribution of military insignia and tactical products (such as headlamps, carabiners, and weather-resistant paper). Its primary customer is the Army and Air Force Exchange Service (AAFES), which operates retail shops (known as post exchanges) at military bases. MilSal, a Texas corporation, plies the same trade from a different angle. Acting as a manufacturer's representative, it brokers direct sales to divers customers including AAFES.

In 2010, Green acquired [**3]  the assets of Brigade Quartermasters, Ltd. (Brigade), which had been AAFES's largest supplier of tactical gear. As part of the transaction, [*17]  AAFES agreed to assign to Green the shelf space previously reserved for Brigade's products at its exchanges and Green, in return, ensured a continuous flow of the tactical products theretofore sold by Brigade. AAFES began issuing replenishment orders to Green, which obtained the requisitioned products from its suppliers (formerly Brigade suppliers) and filled AAFES's purchase orders.

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775 F.3d 12 *; 2014 U.S. App. LEXIS 24042 **; 96 Fed. R. Evid. Serv. (Callaghan) 263; 90 Fed. R. Serv. 3d (Callaghan) 592

IRA GREEN, INC., Plaintiff, Appellant, v. MILITARY SALES & SERVICE CO., Defendant, Appellee.

Prior History:  [**1] APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND. Hon. John J. McConnell, Jr., U.S. District Judge.

Ira Green, Inc. v. Military Sales & Serv. Co., 2014 U.S. Dist. LEXIS 6131 (D.R.I., Jan. 15, 2014)Ira Green, Inc. v. Military Sales & Serv. Co., 2014 U.S. Dist. LEXIS 6130 (D.R.I., Jan. 15, 2014)

Disposition: Affirmed.

CORE TERMS

district court, jurors, motion for a new trial, tortious interference, prevailing, abuse of discretion, counterclaims, costs, jury-poll, hearsay, Silver, business relationship, defamation per se, questions, award costs, new trial, foreperson, suppliers, damages, waived, cases, defamation claim, disparagement, instructions, products, tactical, polling, rights, claim of error, circumstances

Civil Procedure, Trials, Jury Trials, Polling of Jury, Appeals, Standards of Review, Abuse of Discretion, Judgments, Relief From Judgments, Motions for New Trials, Evidence, Admissibility, Procedural Matters, Rulings on Evidence, Reversible Errors, De Novo Review, Jury Instructions, General Overview, Plain Error, Burdens of Proof, Allocation, Obvious Errors, Hearsay, Rule Components, Truth of Matter Asserted, Exceptions, Business Records, Normal Course of Business, Harmless & Invited Errors, Harmless Error Rule, Refreshing Recollection, Memory Aids, Writings, Testimony, Lay Witnesses, Personal Knowledge, Burden Shifting, Torts, Contracts, Intentional Interference, Defenses, Business Relationships, Elements, Preliminary Considerations, Federal & State Interrelationships, Erie Doctrine, Intentional Torts, Defamation, Defamation Per Se, Business Torts, Trade Libel, Pleading & Practice, Motion Practice, Reviewability of Lower Court Decisions, Preservation for Review, Inferences & Presumptions, Presumptions, Particular Presumptions, Altering & Amending Judgments, Judicial Officers, Judges, Discretionary Powers, Newly Discovered Evidence, Costs & Attorney Fees, Costs