Remittitur


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Remittitur

The procedural process by which an excessive verdict of the jury is reduced. If money damages awarded by a jury are grossly excessive as a Matter of Law, the judge may order the plaintiff to remit a portion of the award.

The remedy of remittitur is designed to cure an award of damages that is grossly excessive without the necessity of a new trial or an appeal. In some cases, an award by a jury is so completely out of line with the damages proven in the case that it is Unconscionable.

Ordinarily, however, an award of Punitive Damages will not be upset as excessive in the absence of gross error or prejudice on the part of the jury.

Remittitur frequently occurs when a defendant requests a new trial because he or she regards the verdict for the plaintiff as excessive.

remittitur

n. 1) a judge's order reducing a judgment awarded by a jury when the award exceeds the amount asked for by the plaintiff (person who brought the suit). 2) an appeal's transmittal of a case back to the trial court so that the case can be retried, or an order entered consistent with the appeal's court's decision (such as dismissing the plaintiff's case or awarding costs to the winning party on appeal). (See: remand)

References in periodicals archive ?
For her final constitutional attack on section 60-19a02, the plaintiff argued the statutory cap violates the doctrine of separation of powers because the cap "abolishes the judiciary's authority to order new trials and robs judges of their judicial discretion by functioning as a statutory remittitur effectively usurping the court's power to grant remittiturs.
2007) (discussing remittitur in punitive damage workplace context); Suja A.
HealthSouth'S motions for a new trial, remittitur and for (JNOV) were all denied by the trial court.
The defendants filed a joint motion seeking, alternatively, a judgment as a matter of law, a new trial, or a remittitur of the damages awarded.
post-verdict motion for remittitur, held that the patentee had further
2011) (upholding the constitutionality of statutory damages for copyright violations and remanding for reconsideration of the remittitur motion), cert.
Thomas-Rasset, (285) the federal court employed the procedure device of the remittitur rather than the U.
Accordingly, the court affirmed the judgment entered by the trial court and as further stipulated to by the plaintiffs who agreed to submit to a remittitur, rather than go through the time, trouble, effort and traumatic experience of a new trial on damages only, which would have been the alternative had they not agreed to remittitur.
5) Remittitur avoids the need for a subsequent trial by conditioning a grant of the defendant's motion for new trial on the plaintiff's refusal to remit an amount necessary to cure an excessive award.
The common law doctrine of remittitur allows a judge to reduce a jury's award of damages if the award is "so grossly excessive as to shock the conscience of the court.
Second, it violated the separation of powers because it was really a form of legislative remittur whereas a remittitur is supposed to be a judicial remedy.