A lawyer for Consumers Energy and its CEO, Brian Heithoff, have asked a judge to reconsider a Central Iowa jury's decision last month to award $7.1 million to Bright Side Lighting and its owner, Paul Greene.

A motion for a judgment notwithstanding the verdict was recently filed, which would allow the judge to reverse the jury's decision in part or in whole. If that is not granted, then the attorney, Lawrence McLellan, asked for a new trial.

"The evidence does not support a finding that Brian Heithoff engaged in fraud or intentional misconduct towards Bright Side Lighting," the filing stated.

In a reply, Paul Greene, through his attorney Darrell Meyer, suggested just the opposite - that "substantial evidence supports the finding."

Further, McLellan appeared to argue there should never have been a lawsuit in the first place because "the articles of incorporation prevent Bright Side Lighting from pursuing a breach of fiduciary claim against Mr. Heithoff."

Meyer responded in a filing by saying the articles prohibit no such thing.

In response to the jury's verdict, Meyer also filed a general execution to garnish the bank account of Consumers Energy, held at the Wells Fargo Bank in Marshalltown.

McLellan responded by filing a motion for a stay in that execution.

A hearing on the motion to stay the general execution has been set for 2:30 p.m. Nov. 23.

A hearing on motion for judgment notwithstanding the verdict is set for 2:30 p.m. Dec. 7.

In October, a jury awarded $7.1 million to Bright Side Lighting and Paul Greene, with approximately $4.75 million of that being personally levied against Heithoff.

According to a Cornell University law school Web site, a motion for judgment notwithstanding the verdict "argues that no reasonable jury could reach the verdict that the jury in this case just did. In other words, it claims that the jury did not follow proper instructions and ruled for the opposing party based on legally insufficient evidence."

Neither Meyer or McLellan wished to comment further on the matters.

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Contact Ken Black at 641-753-6611 or kblack@timesrepublican.com