Remittitur: Difference between revisions
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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 [[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. |
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 [[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. Famous examples of the latter are some high-profile filesharing court cases like [[RIAA_v._Tenenbaum|Sony BMG v. Tenenbaum]] and [[Capitol_v._Thomas|Capitol v. Thomas]]. |
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If the motion is granted, the plaintiff may either accept the reduced verdict or submit to a new trial. |
If the motion is granted, the plaintiff may either accept the reduced verdict or submit to a new trial. |
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Revision as of 15:29, 20 September 2011
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 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. Famous examples of the latter are some high-profile filesharing court cases like Sony BMG v. Tenenbaum and Capitol v. Thomas.
If the motion is granted, the plaintiff may either accept the reduced verdict or submit to a new trial.
The term is also sometimes used in place of "remand"--that is, moving a case from a higher court to a lower court.[1]
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).[2]
References
- ^ http://legal-dictionary.thefreedictionary.com/remittitur
- ^ "Dimick v. Schedit, 293 U.S. 474 (1935)". Google Scholar. Retrieved 2010-10-24.
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