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From: KMC
Date: 05 Dec 2001
Time: 12:57:13
The reference here is to what BLS states as follows: "on a motion for judgment n.o.v., a judge who believes the n.o.v. test is met can instead grant a new trial if that would better serve the ends of justice." In other words, if the stringent jmol standard is met (as where plaintiff offers no proof on an element), the judge could order a NT to allow the plaintiff to correct the flaw if the plaintiff had some really good reason for the flaw's existence.
A straightforward NT is a different remedy, subject to a lesser standard but sometimes subject to other requirements, such as 59(d)'s strict time limit.