In Cummings v. Department of Corrections, 757 F.3d 1228 (11th Cir. 2014) (No. 11-13507), plaintiff’s claims were tried to a jury and, during the trial, one of the jurors fell asleep.  The judge questioned the juror in camera, outside the presence of the parties, and concluded that the juror could remain on the jury.  Neither party objected to that decision.  Following a defense verdict, plaintiff moved for a new trial, arguing that the sleeping juror should have been removed.  The trial judge denied the motion, and the Eleventh Circuit affirmed.  The court concluded that plaintiff, having been aware that the juror was sleeping but having chosen not to object, had waived this post-trial argument.  The court held that a motion for a new trial based upon juror misconduct must be supported by proof that the evidence of misconduct was not discovered until after the verdict was returned.  The court further admonished that “a motion for a new trial is not a vehicle for sandbagging an opposing party after the jury returns an unfavorable verdict.”