Julious Mosley v. William Margalis, 698 F. App'x 296

Mosley Motel of Cleveland, Inc. owned a deteriorated motel in Wickliffe, Ohio; the city summarily closed the motel on April 25, 2014 under Wickliffe Ord. § 521.10 for habitability/fire-safety defects.
Plaintiffs sued on multiple grounds: § 521.10 is unconstitutionally vague, the summary closure violated due process (no hearing/notice), and closure was retaliatory.
The district court granted partial summary judgment holding § 521.10 unconstitutionally vague.
A jury found for Mosley Motel on the due-process claim and for defendants on retaliation, but awarded $0 damages; the district court later amended the damages award to $1 nominal and awarded attorneys’ fees.
Mosley Motel appealed only the jury’s failure to award damages, arguing the $0 verdict was against the weight of the evidence and requesting remand or amendment to reflect actual injuries.
Mosley (individual) lacked standing on the due-process claim; the appeal concerns only Mosley Motel. Mosley Motel did not move for a new trial or otherwise preserve the damages objection below.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the jury’s $0 damages award (later amended to $1 nominal) is reversible because contrary to the weight of the evidence	The $0 award was against the weight of the evidence and the case should be remanded for damages or verdict amended to reflect actual harm	The lack of a preserved objection at trial forecloses appellate review of the damages verdict	Forfeited; appeal cannot review the unpreserved damages challenge — AFFIRMED

Young v. Langley, 793 F.2d 792 (6th Cir. 1986) (appellate review of jury verdicts is limited to preserved errors)
Maxwell v. Dodd, 662 F.3d 418 (6th Cir. 2011) (appellate courts review trial judge’s assessment where motion for judgment as a matter of law or new trial is available)
Dixon v. Montgomery Ward, 783 F.2d 55 (6th Cir. 1986) (failure to preserve issues at trial waives right to raise them on appeal)
Radvansky v. City of Olmsted Falls, 496 F.3d 609 (6th Cir. 2007) (failure to raise inconsistency between liability and damages before jury discharge waives the challenge)
United States v. Kennedy, 714 F.3d 951 (6th Cir. 2013) (appellate court cannot address unpreserved challenges where district court record lacks an evaluation)
Pennington v. W. Atlas, Inc., 202 F.3d 902 (6th Cir. 2000) (failure to move for new trial precludes appellate review that verdict is against the great weight of the evidence)
United States v. Lutz, 154 F.3d 581 (6th Cir. 1998) (appellate court’s role is not to re-weigh evidence as a thirteenth juror)