Legal Definitions - NOV (non obstante veredicto)

NOV stands for non obstante veredicto, a Latin phrase meaning "notwithstanding the verdict."

In legal terms, NOV refers to a situation where a judge overturns a jury's decision and enters a different judgment. This typically occurs when the judge believes that, based on the evidence presented during the trial, no reasonable jury could have reached the verdict it did. Essentially, the judge concludes that the jury's verdict was legally unsupported by the facts or the law, and therefore sets it aside to issue a judgment that aligns with the evidence and legal principles.

• Example 1: Personal Injury Claim

  Imagine a case where a plaintiff sues a driver for negligence after a car accident. During the trial, the plaintiff presents very little evidence to show the defendant was at fault, and the defendant's evidence strongly indicates the plaintiff was solely responsible. Despite this, the jury, perhaps feeling sympathy for the injured plaintiff, returns a verdict finding the defendant negligent and awards damages. The defendant's attorney could then ask the judge for an NOV. If the judge agrees that no reasonable jury could have found the defendant negligent based on the overwhelming evidence presented, the judge would set aside the jury's verdict and enter a judgment in favor of the defendant.

• Example 2: Contract Dispute

  Consider a lawsuit between two businesses over a breach of contract. The contract terms are clear and unambiguous, and the evidence presented at trial unequivocally shows that one party fully performed their obligations as specified. However, the jury, perhaps misunderstanding the legal interpretation of the contract, finds that the performing party breached the agreement. The attorney for the performing party could file a motion for NOV. The judge, reviewing the contract and the evidence, might conclude that as a matter of law, no breach occurred and that the jury's verdict was contrary to the clear terms of the contract. The judge would then enter a judgment stating that no breach occurred, overriding the jury's finding.

• Example 3: Employment Discrimination Case

  Suppose an employee sues their former employer, alleging they were fired due to age discrimination. While the employee might have felt unfairly treated, they fail to present any concrete evidence during the trial that their age was a factor in the termination decision. Despite this lack of evidence regarding discriminatory intent, the jury, perhaps sympathetic to the employee's situation, awards them damages. The employer's legal team could then move for an NOV. The judge, after reviewing the trial record, might determine that the employee did not meet the legal burden of proving age discrimination, as there was insufficient evidence for a reasonable jury to conclude that age was the reason for termination. The judge would then set aside the jury's verdict and enter a judgment in favor of the employer.