remittitur การใช้
- The remittitur statute grants the judge authority to reduce the verdict.
- In some jurisdictions the mandate is known as the " remittitur ".
- Judges have discretion to grant remittitur if they deem a jury verdict excessive.
- It is the opposite of remittitur, which is allowed in federal law.
- Tenenbaum then motioned for a new trial or remittitur.
- The district court skipped over the issue of the remittitur and instead reached a constitutional issue.
- In the alternative, they asked him to reduce the verdict under a procedure known as remittitur.
- In most jurisdictions, a defendant who is dissatisfied with a large judgment may move for remittitur.
- Notably, under California law, the Court of Appeal issues a remittitur after an appeal is heard and decided.
- A new District Court judge then found no cause for remittitur, and held that the statutory damage award was constitutional.
- BMW of North America, Inc . v . Gore would be the case you're interested in, as would remittitur.
- Tenenbaum then challenged the constitutionality of the damage award and asked for a retrial or a reduction of the award via common law remittitur.
- But he sustained in part the motion for remittitur, although he offered no reasons for his decision to slash the punitive-damage award.
- It would allow the verdict to stand if Pennzoil filed a remittitur of two billion dollars, making the punitive damages award $ 1 billion.
- Tenenbaum then filed a motion claiming the damage award was unconstitutional, and requested either a new trial or a reduction of the damages by remittitur.
- The Texas Court of Appeals upheld the jury verdict, but found that the trial court had abused its discretion by not suggesting a remittitur ( reduction of damages ).
- Alternately, the judge could order additur or remittitur, requiring the other party to either accept a stated award of a higher or lower amount, or face a new trial.
- In addition, the court affirmed the denial of Tenenbaum's motion for a new trial or remittitur on the claim that the Copyright Act is not applicable to his actions or trial.
- The following January, Judge Davis reduced the amount of the damages to $ 54, 000 under the common law doctrine of remittitur, characterizing the original damages as " monstrous and shocking ."
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