The title of the article, "Watchtower Loses Conti Appeal - But Fights On" is a false statement concerning the case. The WTBTS filed its notice of appeal on 9/20, and a notice of an undertaking (basically a bond) was filed by the WTBTS on 9/21. Obviously, the appeal has not been heard yet, which makes the article title entirely false. No appeal in this case has been heard by any court.
The WTBTS was partially successful in its post trial motions. The motion for judgment notwitstanding the verdict ("JNOV") was denied, but the court did grant the WTBTS' motion for a new trial on a conditional basis. The court bought the WTBTS argument that the jury awarded excessive punitive damages, and conditionally ordered a new trial on the issue of punitive damages in the event that Ms. Conti did not agree to a significant reduction in the punitive damages award ("remittitur"). Ms. Conti did accept the court's remittutur so there will not be a new trial on the issue of punitive damages.
A motion for a new trial or a motion for JNOV are not the same as an appeal; not even close. New trial motions and motions for JNOV are rarely granted, so the reality is, the decision made by the court on the two motions is not newsworthy. What is newsworthy is the trial and verdict itself, both of which, even after reduction by remittitur, are impressive.
I don't want to be a pessimist, but this case is far from over. The WTBTS filed an "undertaking," which means that Ms. Conti and her lawyers are precluded from taking any action to collect the judgment until the appeal is completed. The appellate process is expensive, and Mr. Simons is facing a major, national law firm (i.e., Jackson Lewis)with great experience in the appeals process. Ms. Conti and her lawyers have done well so far, but one would be pretty foolish to underestimate the hurdles they are facing.
