... Seventh Amendment attack, but rejecting additur as unconstitutional).16. 15 See 6A Moore's Federal...
This Article demonstrates that and does not violate the Seventh Amendment. Two historical antecedents, used by common-law courts, justify modern summary judgment, trial by inspection and demurrer to the evidence. Trial by inspection, as explained by Blackstone, Coke, and Maitland, allowed a common-law judge to inspect evidence visually and then decide "obvious" cases without ever impaneling a jury. In contrast, a jury would be used if pretrial inspection demonstrated legitimate "doubt" about the relevant issue. Demurrer to the evidence, while not identical to summary judgment, is similar because it allowed a judge to take a case away from a jury where the nonmovant's evidence failed to prove a claim or defense. The Article criticizes a rigid interpreta...
... that summary judgment is unconstitutional depends on a rigid, erroneous interpretation of th...) (dissenting from majority's holding that additur violates the Seventh Amendment). Stone considered ...
... jury's verdict amounted to an improper additur because, due to the wording of the verdict form, i... courts "because it involves an unconstitutional reexamination of the jury verdict in violation of ...
As I have stated, summary judgment is unconstitutional. Professors Edward Brunet's and William Nelson's Symposium responses to my article Why Summary Judgment Is Unconstitutional, previously published in the Virginia Law Review, confirm that summary judgment is unconstitutional. No procedure analogous to summary judgment existed under the English common law in 1791, the common law that governs the constitutionality of modern procedures that affect the civil jury trial right. Misreading and ignoring the governing common law, Professor Brunet offers a different type of trial under the common law, a non-jury trial-the trial by inspection-as the common law analogy to summary judgment. A look at this trial shows that, if analogous to anything in modern litigation, this trial has similarity t...
... despite this fact of the existence of additur-increasing a jury verdict-the Supreme Court has st...
... or for specific goals would be unconstitutional, so too are laws that seek to prevent the Presiden... or subtraction-- a type of congressional additur and remittitur--is valid in the narrow sense that ...
..., on the other hand, filed a motion for an additur or, in the alternative, a new trial on the issue o... order by a federal court is unconstitutional, there are not any cases applying Donovan to an ad...
... a constitutional rule is unconstitutional, but that was the implication of the Erie Doctrine... whether a trial court could grant additur, that is, refuse to grant a new trial sought by th...
... the jury, and denial of his motion for an additur. We exercise jurisdiction pursuant to 28 U.S.C. §...He claims that it is unconstitutional to prohibit a district court from ordering an addi...
... of federalism and are thus unconstitutional); see also William A. Niskanen, Do Not Federalize ...: A Proposal for the Comparative Additur/Remittitur Review of Awards for Nonpecuniary Harms...
... dollar to $176,094 is equivalent to an additur. Although courts in some states are permitted to r... courts because it involves an unconstitutional reexamination of the jury verdict in violation of ...
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