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. Famous examples of the latter are some high-profile filesharing court cases like [[ |
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 Music Entertainment v. Tenenbaum]]'' and ''[[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 04:13, 29 November 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 Music Entertainment 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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