222012P.pdf   08/16/2023  Marco Gonzalez  v.  Salem Shahin
   U.S. Court of Appeals Case No:  22-2012
   U.S. District Court for the District of North Dakota - Western   
   [PUBLISHED] [Kelly, Author, with Colloton and Benton, Circuit Judges] 
   Civil case - Torts. Plaintiff alleged the defendant physicians and medical 
   providers were negligent in treating him with Bactrim, an antibiotic, and 
   in failing to discontinue the drug without consulting the product label. 
   The jury returned a verdict for all defendants, and plaintiff appeals. 
   Held: This court lacked jurisdiction to review the underlying judgment on 
   the jury verdict because the notice of appeal was untimely; the court does 
   have jurisdiction to review the district court's denial of plaintiff's 
   Rule 59 motion for a new trial; the district court's supplemental comments 
   to the jury concerning the product label, when read in connection with the 
   instructions and other comments from the court, left all fact issues to 
   the jury and were not an abuse of the district court's discretion; the 
   court's comments about plaintiff's lawyer were not plain error; the 
   district court's limits on plaintiff's cross-examination of a medical 
   expert were not an abuse of the district court's discretion; the trial 
   court's denial of additional time for cross-examination of the witness was 
   not plain error; award of costs in connection with depositions was not an 
   abuse of the district court's discretion.