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(168) Ultimately, the city filed a motion for remittitur and was required to show that the verdict was "so high as to shock the judicial conscience and constitute a denial of justice." (169)
notices of appeal, motions for fee-shifting, remittitur or vacatur of
Coach Lines, 15 NY2d 516 [1964], remittitur amended 15 NY2d 852 [1965], cert denied 382 US 815 [1965]; Williams v New York City Tr.
accepting a remittitur to avoid a serious problem under the Seventh
(287.) See Nelson, 669 P.2d at 1217 ("The rule that affirms the availability of a cause of action despite uncertainties in the assessment of damages is of course implemented in the context of appropriate jury instructions and the court's power to require remittitur to restrain or reduce arbitrary or excessive jury verdicts.").
(7) Only judges are empowered to reduce excessive verdicts, termed a remittitur. Thus, a statutory damage cap amounted to a "legislative remittitur" that invaded the power of the judiciary and violated the constitutional requirement of separation of powers.
(denying the general contractor's motions for new trial or a remittitur of the jury's verdict, which led to the filing of an appeal).
(28) As in special verdicts, hybrid verdicts "probably minimize the risk of judgments notwithstanding the verdict, retrial, or remittitur in lieu of a new trial." (29) And as in general verdicts, hybrid verdicts require jurors to render a general legal conclusion, thus reserving for them the power of jury nullification.
the plaintiff has the full benefit of that right free from the reach of hostile legislation." (26) Because section 538.210's cap on a jury's award of non-economic damages "operates wholly independent of the facts of the case," it "directly curtails the jury's determination of damages and, as a result, necessarily infringes on the right to trial by jury when applied to a cause of action to which the right to jury trial attaches at common law." (27) Since Missouri's common law in 1820 "did not provide for legislative limits on the jury's assessment of civil damages, Missouri citizens retain their individual right to trial by jury subject only to judicial remittitur based on the evidence in the case." (28)
"The MTA also appeals from the district court's denial of its Rule 59(e) motion for remittitur. ...
remittitur or a post-verdict settlement rather than the amount set by