Remittitur: Difference between revisions
m rename cat per Wikipedia:Categories for discussion/Log/2016 September 2, replaced: Category:Legal terms → Category:Legal terminology using AWB |
→History: Fixed grammar Tags: canned edit summary Mobile edit Mobile app edit Android app edit |
||
| (24 intermediate revisions by 11 users not shown) | |||
| Line 1: | Line 1: | ||
{{Short description|Procedural device in United States law}} |
|||
A '''remittitur''' is a ruling by a judge (usually upon motion to reduce or throw out a [[jury]] [[verdict]]) lowering the amount of damages granted by a jury in a [[Lawsuit|civil case]]. Usually, this is because the amount awarded exceeded the amount demanded. The term is sometimes used for a reduction in awarded damages even when the amount awarded did not exceed the amount demanded, but is otherwise considered excessive. An example of the latter is the high-profile file-sharing court case ''[[Capitol v. Thomas]]''. |
|||
{{Use dmy dates|date=May 2022}} |
|||
In [[Law of the United States|United States law]], '''remittitur''' ([[Latin]]: "it is sent back") is a ruling by a judge (usually following a motion to reduce or throw out a jury [[verdict]]) lowering the amount of damages granted by a jury in a [[Lawsuit|civil case]].<ref>{{cite journal |last1=Barr |first1=Stanley G. |title=Procedure – The Power of a Trial Judge to Order a Remittitur After a Jury Verdict for Personal Injuries a Jury Verdict for Personal Injuries |journal=William & Mary Law Review |date=March 1962 |volume=3 |issue=2 |page=516 |url=https://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=3263&context=wmlr |access-date=30 August 2021}}</ref> The term is sometimes used where a judgment exceeds the amount demanded by the prevailing party, or for a reduction in awarded damages even when the amount awarded did not exceed the amount demanded but is otherwise considered excessive.<ref>{{cite journal |last1=Hultin |first1=Casey |title=Remittitur and Copyright |journal=Berkeley Technology Law Journal |year=2013 |volume=28 |page=715 |url=https://www.btlj.org/data/articles2015/vol28/28_AR/28-berkeley-tech-l-j-0715-0742.pdf |access-date=30 August 2021}}</ref> The term originally denoted a procedural device in English common law, although it has long fallen into disuse in England and other common law jurisdictions, and it has evolved in American use to serve a different function than it originally performed in England. |
|||
If the motion is granted, the plaintiff may either accept the reduced verdict or submit to a new trial restricted to the matter of damages. |
If the motion is granted, the plaintiff may either accept the reduced verdict or submit to a new trial restricted to the matter of damages. |
||
The term is also sometimes used in place of "[[Remand (court procedure)|remand]]" or a mandate—that is, moving a case from a higher court to a lower court.<ref> |
The term is also sometimes used in place of "[[Remand (court procedure)|remand]]" or a mandate—that is, moving a case from a higher court to a lower court.<ref>{{cite journal |last1=Smith |first1=Eugene L. |title=Texas Remittitur Practice |journal=SMU Law Review |year=1960 |volume=14 |issue=2 |page=157 |url=https://scholar.smu.edu/cgi/viewcontent.cgi?article=4081&context=smulr |access-date=30 August 2021}}</ref> Under California law, the Court of Appeal issues a remittitur after an appeal is heard and decided. In contrast, the U.S. federal Courts of Appeals issue a mandate. In this sense, the term is also sometimes used in other common law jurisdictions such as Australia.<ref name=":2">{{Cite web|title=Mann & Anor v Paterson Constructions Pty Ltd [2019] HCATrans 92 (14 May 2019)|url=https://austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCATrans/2019/92.html?context=1;query=remittitur;mask_path=|access-date=27 August 2021|website=austlii.edu.au}}</ref> |
||
== History == |
|||
The term ''remittitur'' originated in English common law, where it was a procedural device used by the plaintiff to correct errors in the trial record. Under 18th century English law, the jury could not award more damages than the plaintiff had requested in their complaint; when (on rare occasion) juries disregarded this rule, appellate courts could overturn the jury award and order a new trial with a new jury. To avoid that prospect, the plaintiff could use ''remittitur'' to request the trial court to reduce the jury's damages award to the amount they had requested in their complaint, thus eliminating the risk of the award being overturned on those grounds on appeal. The legality of this procedure was established by the widely cited 1791 case of ''Pickwood v. Wright''.<ref name=":0">{{Cite journal|last=Thomas|first=Suja|year=2003|title=Re-Examining the Constitutionality of Remittitur Under the Seventh Amendment|url=https://kb.osu.edu/bitstream/handle/1811/70927/OSLJ_V64N3_0731.pdf|journal=Ohio State Law Journal|volume=64|pages=731–816}}</ref> |
|||
In English usage (and its use in other common law jurisdictions such as Australia and New Zealand), the use of ''remittitur'' was limited to reducing jury damages which were legally invalid as being in excess of the amount the plaintiff had demanded, and it was used by the plaintiff not the defendant. While English courts did sometimes overturn the damages awarded by a jury as manifestly excessive, their only procedural device for doing so was to order a retrial with a new jury; they could not do so through a ''remittitur''. However, in the 1822 case of ''Blunt v. Little'' (in the United States District Court for the District of Massachusetts), Justice [[Joseph Story]] (who, although an associate justice of the United States Supreme Court, was acting in this case as a District Court judge), decided to allow the use of ''remittitur'' by the defendant, not the plaintiff, and to use it to reduce the damages on much broader grounds than obvious legal errors.<ref name=":0" /><ref name=":1">{{Cite journal|last=Kadane|first=Joseph|year=2014|title=Mr. Justice Story Invents American Remittiturs: "The Very Limits of the Law"|url=https://bcuassets.blob.core.windows.net/docs/bjals-fall-2014-2-130609612885268701.pdf|journal=British Journal of American Legal Studies|volume=3|issue=2|pages=313–334}}</ref><ref>{{Cite journal|last=Snyder|first=Brad|date=1999–2000|title=Protecting the Media from Excessive Damages: The Ninteenth-Century Origins of Remittitur and Its Modern Application in Food Lion|url=https://heinonline.org/HOL/Page?handle=hein.journals/vlr24&id=309&div=&collection=|journal=Vermont Law Review|volume=24|pages=299}}</ref> Justice Story justified this as an application of the pre-existing English common law on ''remittitur,'' however his decision did not cite any specific English (or prior American) cases in support of such a broader use, and contemporary legal scholarship largely views this broader use of ''remittitur'' as a legal innovation on Justice Story's part.<ref name=":1" /> |
|||
This novel use of ''remittitur'' soon became widely adopted throughout the American courts, both federal and state; its use was supported by some dicta in the 1935 Supreme Court case ''Dimick v. Schiedt'', although that case did not directly concern ''remittitur'', but rather ''additur''.<ref name=":0" /> Some legal scholars have questioned the constitutionality of the use of ''remittitur'' in the federal courts, as a violation of the plaintiff's Seventh Amendment right to a jury trial,<ref name=":0" /><ref name=":1" /> but the US federal appellate courts have not examined that question. |
|||
Meanwhile, in England, the country of remittitur's origin, the use of jury trials in civil cases became rarer and rarer throughout the 19th century, and was largely abolished in 1933;<ref>{{Cite journal|last=Dorsaneo|first=William V. III|year=2018|title=The Decline of Anglo-American Civil Jury Trial Practice|url=https://scholar.smu.edu/cgi/viewcontent.cgi?article=4725&context=smulr|journal=SMU Law Review|volume=71|pages=353}}</ref> due to this, remittitur as a procedure for reducing a jury's damages has fallen into disuse in England. Other common law jurisdictions have largely followed England's lead in abolishing the use of juries in civil trials, and likewise remittitur in that sense has fallen into disuse in them as well. The term still sometimes survives in the distinct sense of the procedure by which a higher appellate returns a case to a lower court.<ref name=":2" /> |
|||
== See also == |
== See also == |
||
* [[Additur]] is a raising of the jury verdict. It is not allowed in the United States federal system due to ''Dimick v. Schiedt'', 293 U.S. 474 (1935),<ref>{{cite web | url= http://scholar.google.com/scholar_case?case=11713071400860936772&hl=en&as_sdt=2&as_vis=1&oi=scholarr |title= Dimick v. Scheidt, 293 U.S. 474 (1935) | publisher=Google Scholar |accessdate= 2010-10-24}}</ref> but certain states continue to allow it. |
|||
* [[Additur]] |
|||
== References == |
== References == |
||
{{Reflist}} |
{{Reflist}} |
||
[[Category: |
[[Category:American legal terminology]] |
||
[[Category:Civil procedure]] |
[[Category:Civil procedure]] |
||
[[Category:Civil procedure legal terminology]] |
|||
{{law-term-stub}} |
|||
Latest revision as of 04:00, 13 November 2023
In United States law, remittitur (Latin: "it is sent back") is a ruling by a judge (usually following a motion to reduce or throw out a jury verdict) lowering the amount of damages granted by a jury in a civil case.[1] The term is sometimes used where a judgment exceeds the amount demanded by the prevailing party, or for a reduction in awarded damages even when the amount awarded did not exceed the amount demanded but is otherwise considered excessive.[2] The term originally denoted a procedural device in English common law, although it has long fallen into disuse in England and other common law jurisdictions, and it has evolved in American use to serve a different function than it originally performed in England.
If the motion is granted, the plaintiff may either accept the reduced verdict or submit to a new trial restricted to the matter of damages.
The term is also sometimes used in place of "remand" or a mandate—that is, moving a case from a higher court to a lower court.[3] Under California law, the Court of Appeal issues a remittitur after an appeal is heard and decided. In contrast, the U.S. federal Courts of Appeals issue a mandate. In this sense, the term is also sometimes used in other common law jurisdictions such as Australia.[4]
History
[edit]The term remittitur originated in English common law, where it was a procedural device used by the plaintiff to correct errors in the trial record. Under 18th century English law, the jury could not award more damages than the plaintiff had requested in their complaint; when (on rare occasion) juries disregarded this rule, appellate courts could overturn the jury award and order a new trial with a new jury. To avoid that prospect, the plaintiff could use remittitur to request the trial court to reduce the jury's damages award to the amount they had requested in their complaint, thus eliminating the risk of the award being overturned on those grounds on appeal. The legality of this procedure was established by the widely cited 1791 case of Pickwood v. Wright.[5]
In English usage (and its use in other common law jurisdictions such as Australia and New Zealand), the use of remittitur was limited to reducing jury damages which were legally invalid as being in excess of the amount the plaintiff had demanded, and it was used by the plaintiff not the defendant. While English courts did sometimes overturn the damages awarded by a jury as manifestly excessive, their only procedural device for doing so was to order a retrial with a new jury; they could not do so through a remittitur. However, in the 1822 case of Blunt v. Little (in the United States District Court for the District of Massachusetts), Justice Joseph Story (who, although an associate justice of the United States Supreme Court, was acting in this case as a District Court judge), decided to allow the use of remittitur by the defendant, not the plaintiff, and to use it to reduce the damages on much broader grounds than obvious legal errors.[5][6][7] Justice Story justified this as an application of the pre-existing English common law on remittitur, however his decision did not cite any specific English (or prior American) cases in support of such a broader use, and contemporary legal scholarship largely views this broader use of remittitur as a legal innovation on Justice Story's part.[6]
This novel use of remittitur soon became widely adopted throughout the American courts, both federal and state; its use was supported by some dicta in the 1935 Supreme Court case Dimick v. Schiedt, although that case did not directly concern remittitur, but rather additur.[5] Some legal scholars have questioned the constitutionality of the use of remittitur in the federal courts, as a violation of the plaintiff's Seventh Amendment right to a jury trial,[5][6] but the US federal appellate courts have not examined that question.
Meanwhile, in England, the country of remittitur's origin, the use of jury trials in civil cases became rarer and rarer throughout the 19th century, and was largely abolished in 1933;[8] due to this, remittitur as a procedure for reducing a jury's damages has fallen into disuse in England. Other common law jurisdictions have largely followed England's lead in abolishing the use of juries in civil trials, and likewise remittitur in that sense has fallen into disuse in them as well. The term still sometimes survives in the distinct sense of the procedure by which a higher appellate returns a case to a lower court.[4]
See also
[edit]References
[edit]- ^ Barr, Stanley G. (March 1962). "Procedure – The Power of a Trial Judge to Order a Remittitur After a Jury Verdict for Personal Injuries a Jury Verdict for Personal Injuries". William & Mary Law Review. 3 (2): 516. Retrieved 30 August 2021.
- ^ Hultin, Casey (2013). "Remittitur and Copyright" (PDF). Berkeley Technology Law Journal. 28: 715. Retrieved 30 August 2021.
- ^ Smith, Eugene L. (1960). "Texas Remittitur Practice". SMU Law Review. 14 (2): 157. Retrieved 30 August 2021.
- ^ a b "Mann & Anor v Paterson Constructions Pty Ltd [2019] HCATrans 92 (14 May 2019)". austlii.edu.au. Retrieved 27 August 2021.
- ^ a b c d Thomas, Suja (2003). "Re-Examining the Constitutionality of Remittitur Under the Seventh Amendment" (PDF). Ohio State Law Journal. 64: 731–816.
- ^ a b c Kadane, Joseph (2014). "Mr. Justice Story Invents American Remittiturs: "The Very Limits of the Law"" (PDF). British Journal of American Legal Studies. 3 (2): 313–334.
- ^ Snyder, Brad (1999–2000). "Protecting the Media from Excessive Damages: The Ninteenth-Century Origins of Remittitur and Its Modern Application in Food Lion". Vermont Law Review. 24: 299.
- ^ Dorsaneo, William V. III (2018). "The Decline of Anglo-American Civil Jury Trial Practice". SMU Law Review. 71: 353.