Blue v. International Brotherhood of Electrical Workers Local Union 159

In action in which jury found in favor of plaintiff, who alleged that defendant-employer retaliated against her for opposing race discrimination of co-worker, Ct. of Appeals lacked jurisdiction to consider defendant's appeal from underlying judgment where defendant failed to file its notice of appeal within 30 days of final judgment, and where defendant's Rule 50(b) and 59(a) post-trial motions did not serve to toll start of said 30-day period where defendant failed to file said post-judgment motions within 28-day period provided by said Rules. Fact that Dist. Ct. had granted defendant's request for extension of time to file Rule 50(b) and Rule 59(a) motions did not serve to render said motions timely for purpose of tolling time to file subsequent notice of appeal. Accordingly, while Dist. Ct. could appropriately consider instant untimely Rule 50(b) and 59(a) motions, said motions could be considered only under grounds set forth in Rule 60(b)(6), which call for reversal of jury's verdict in favor of plaintiff only under exceptional circumstances, and defendant's evidentiary and manifest weight of evidence issues failed to qualify as exceptional circumstances.