remittitur federal rules of civil procedure

896 results for remittitur federal rules of civil procedure

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  • 801 F.3d 718 (6th Cir. 2015), 13-4172, Howe v. City of Akron

    ...Civil Service Commission completed the eligibility ... and race discrimination in violation of federal statutory law. See R. 1 at 9-10 (Compl. ¶ ¶ ... pursuant to Federal Rule of Civil Procedure 59(e) . . to alter or amend the judgment, ... as a matter of law, new trial, or remittitur pursuant to Federal Rules of Civil Procedure ...

  • 518 U.S. 415 (1996), 95-719, Gasperini v. Center for Humanities, Inc.

    ...Y. Civ. Prac. Law and Rules (CPLR) § 5501(c). Under the Seventh Amendment, hich governs proceedings in federal court, but not in state court, "the right of ... for a new trial under Federal Rule of Civil Procedure 59, the Center attacked the verdict on ...Remittiturs "presen[t] difficult problems for appellate ...

  • 517 U.S. 559 (1996), 94-896, BMW of North America, Inc. v. Gore

    ... TXO, 509 U.S., at 456, the federal excessiveness inquiry appropriately begins with ...—the difference between it and the civil or criminal sanctions that could be imposed for ... id., at 629, and therefore ordered a remittitur in that amount. [ 10 ] The court's discussion of ...[ 13 ] . . The result is a patchwork of rules representing the diverse policy judgments of ... thought, however, that if "fair procedures were followed, a judgment that is a product of ...

  • 499 U.S. 1 (1991), 89-1279, Pacific Mutual Life Insurance Company v. Haslip

    ...         (b) Since every state and federal court considering the question has ruled that the ... . to review the punitive damages procedures and award in [111 S.Ct. 1038] the light of the ... not apply to a punitive damages award in a civil case between private parties; that the claim of ... is not controlled by any very definite rules; yet the wisdom of allowing such additional ..." that a defendant must overcome before remittitur is appropriate. Green Oil, 539 So.2d at 222, ...

  • 328 U.S. 707 (1946), 625, Hust v. Moore-McCormack Lines, Inc.

    ...rules of private agency to defeat the Jones Act cannot ... under the Suits in Admiralty procedure. Pp. 730-731.         176 Ore. 662, 158 ... in admiralty and at law, in state and federal courts, are swept into one hopper, the suit ... operated vessels were, of course, in civilian, as opposed to military or naval, service. Cf. ... by review, it declined to order remittitur, and denied the motion for judgment non obstante ...

  • 617 F.3d 688 (3rd Cir. 2010), 08-2465, Cortez v. Trans Union, LLC

    ... so designated pursuant to a patchwork of federal laws, regulations, and executive orders. See, ...reasonable procedures for .. consulting lists of known or suspected ... with these restrictions may result in civil as well as criminal penalties. Willful violations ... or in the alternative a new trial or remittitur of the damages awards. The district court denied ... limitation in Rule 59(d) of the Federal Rules of Civil Procedure has expired, to order a new ...

  • 293 U.S. 474 (1935), 78, Dimick v. Schiedt

    ...federal court, finding a verdict inadequate, is without ..., resort must be had to the appropriate rules of the common law established at the time of the ... the unlawful excess, the effect of the remittitur being merely to lop off an excrescence; but where ... mode of disposing of issues of fact in civil cases at law as well as in criminal cases. ... it does not prescribe any particular procedure by which these benefits shall be obtained, or ...

  • 917 F.2d 1320 (2nd Cir. 1990), 33, Earl v. Bouchard Transp. Co., Inc.

    ... an improper method of determining the remittitur or abuse its discretion by remitting the amount ... instructions that deviated from model federal jury instructions which provide, in pertinent ...rules that district courts have adopted for computing a ... employed by federal courts because the procedure involved an unconstitutional reexamination of a ... 3 Rule 51 of the Federal Rules of Civil Procedure provides, in pertinent part, that "[n]o ...

  • 492 U.S. 257 (1989), 88-556, Browning-Ferris Industries of Vermont, Inc. v. Kelco Disposal, Inc.

    ... against petitioners (collectively BFI) in Federal District Court, charging BFI with antitrust ..., not concern with the extent or purposes of civil damages. Nothing in English history suggests that ...Any overlap between civil and criminal procedure at the time of Magna Carta is insignificant when ... the verdict, a new trial, or remittitur. The District Court denied these motions and ... plaintiffs who failed to follow the complex rules of pleading 11 and against defendants who today ...

  • 512 U.S. 415 (1994), 93-644, Honda Motor Co. v. Oberg

    ... on Oregon's departure from traditional procedures. Pp. 420-421.         (b) Judicial ..., 761-762, and in modern practice in the federal courts and every State, except Oregon, judges ... a historic basis for such discretion in civil cases. The Due Process Clause says nothing about ... that includes the possibility of remittitur." 316 Ore. 263, 284, 851 P.2d 1084, 1096(1993). ... had created new problems not envisioned by rules developed in another era. See Burnham, 495 ...

  • 523 F.3d 477 (5th Cir. 2008), 06-60030, Foradori v. Harris

    ..., alternatively, for a new trial or remittitur. The district court denied the motion in its ...1990). .          Federal diversity jurisdiction provides an alternative ... but it does not carry with it generation of rules of substantive law. Under the Erie doctrine, ...This procedure involved inserting a "tube into a catheter into ... Rule of Evidence 301 Presumptions in Civil Actions and Proceedings, 70 Miss. L.J. 743, 800 ...

  • 678 F.3d 333 (4th Cir. 2012), 10-1738, Gregg v. Ham

    ... bail bondsman Jon Ham and others alleging civil rights violations under 42 U.S.C. § 1983, as ...Based on the issue of federal law presented in Gregg's § 1983 claim, the ...          Ham filed a motion under Rules 50 and 59 of the Federal Rules of Civil ... qualified immunity involves a two-step procedure " that asks . . first whether a constitutional ... his Rule 59 motion for a new trial or remittitur on damages. Ham asserts that the jury's damages ...

  • 509 U.S. 443 (1993), 92-479, TXO Production Corp. v. Alliance Resources Corp.

    ... awards for reasonableness, there is no federal constitutional right to a substantively correct ...e., traditional procedure) has been observed. . Since the jury in ... notwithstanding the verdict and for remittitur, TXO argued that the punitive damages award ... by the evidence; (2) that the West Virginia Rules of Evidence were violated by the admission of ... sufficiency of the evidence to sustain a civil jury verdict, and judicial review of the ...

  • 670 F.3d 127 (2nd Cir. 2012), 09-3772-cv(L), Lore v. City of Syracuse

    ... Lore in violation of Title VII of the Civil Rights Act of 1964 (" Title VII"), 42 U.S.C. § ... federal law governing qualified immunity ( see Tr. ... agreement that creates a grievance procedure, an employee subject to the agreement may not sue ...Rule 50 of the Federal Rules of Civil Procedure provides in part that " [a] ... distress damages unless Lore accepts a remittitur of the award to $15,000, on the ground that the ...

  • 973 F.2d 1050 (2nd Cir. 1992), 91-9151, Phelan v. Local 305 of United Ass'n of Journeymen, and Apprentices of Plumbing and Pipefitting Industry of United States and Canada

    ... 305 and the MCAC and ECMCA, and (2) the Rules and Regulations of the Joint Hiring Committee. ...§ 411 et seq. (Title I), grants federal courts only the limited authority to hear suits ... violation of this subchapter may bring a civil action in a district court of the United States." ... establishes the privileges and procedures that apply to members of the international who ... c. Punitive Damages and Remittitur Practice.         After a seven day ...

  • 72 F.3d 1003 (2nd Cir. 1995), 857, Consorti v. Armstrong World Industries, Inc.

    ... as a matter of law, a new trial, or a remittitur, all of which were denied. However, the court did ...In fact, after observing that the federal courts were "swamped with asbestos suits," 995 ..., courts must be ready to alter their procedures. See American Law Institute, Complex Litigation: ... in the administration of justice in our civil jury system is the unpredictable relationship ...901 (1977) (note) (describing rules for determining damage awards); Fowler V. Harper ...

  • 429 F.2d 1033 (5th Cir. 1970), 27807, Gorsalitz v. Olin Mathieson Chemical Corp.

    ..., if plaintiff filed an appropriate remittitur within twenty days, the motion for new trial ...3.          'A federal court should apply the law of the forum where the ... re-examined * * * than according to the rules of the common law'?.           We agree ...The procedure entailed a series of stages over about a month's ... with the Rule 58, Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c . ...

  • 22 F.3d 391 (1st Cir. 1994), 93-1404, Conjugal Partnership Comprised by Joseph Jones and Verneta G. Jones v. Conjugal Partnership Comprised of Arthur Pineda and Toni Pineda

    ...Plaintiff refused to accept the remittitur, and proceeded to trial. This time around he was ... work as the official court reporter for federal district judge Jose A. Fuste. The position was ...That statute provides:. (a) A civil action or criminal prosecution commenced in a ...Procedure 59(a), "[a] new trial may be granted .. on all or ... (2d Cir.1990) (explaining three different rules for computing remittitur and adopting the least ...

  • 787 F.3d 106 (2nd Cir. 2015), 14-1753-cv, Wiercinski v. Mangia 57, Inc.

    ... moved pursuant to Rule 50(b) of the Federal Rules of Civil Procedure for remittitur of the ...

  • 553 F.3d 121 (1st Cir. 2009), 07-1764, Tobin v. Liberty Mut. Ins. Co.

    ... accommodate his disability as required by federal and state law. The district court subsequently dered a $90,000 remittitur, but rejected Liberty Mutual's contention that ... a post-trial motion pursuant to Federal Rules of Civil Procedure 50 and 59(a), raising numerous ...

  • Small v. Cuer, 050720 FED2, 18-3407-cv

    ... PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE. PROCEDURE 32.1 AND THIS ... his motion under Rule 59 of the Federal Rules. of Civil Procedure for a new trial or ... for a new trial or remittitur. We assume the parties'. familiarity with ...

  • 948 F.2d 1546 (10th Cir. 1991), 90-3250, Mason v. Texaco, Inc.

    ... court with directions to enter a remittitur order on the award of punitive damages. ...See F. James & G. Hazard, Civil Procedure 11.5 (2d ed. 1977)." Id. at 206. ...11 C. Wright & A. Miller Federal Practice and Procedure § 2814 at 93 (1973) ...         Among the law of the case rules is the obligation of every court to honor the ...

  • 152 F.3d 1224 (10th Cir. 1998), 96-5200, Blanke v. Alexander

    ... trial and an alternative motion for a remittitur, defendants timely filed a notice of appeal. We ... note that Oklahoma provides the substantive rules of law which govern this action. "A federal court ..., Miller & Cooper, Federal Practice and Procedure § 4512 at 422-24. We have expressed the view ... in the Oklahoma Uniform Jury Instructions--Civil (Second Edition). II Aplt.App. at 390-91. The ...

  • 777 F.3d 658 (4th Cir. 2015), 13-2399, Jones v. Southpeak Interactive Corp.

    ... that she was electing to file a federal lawsuit pursuant to the Sarbanes-Oxley Act and 29 ...   Appellants moved for a new trial, remittitur, or an amended judgment pursuant to Rules 59 and 60 of the Federal Rules of Civil Procedure. They argued, among other things, that ...

  • 703 F.2d 1152 (10th Cir. 1981), 77-1957, Malandris v. Merrill Lynch, Pierce, Fenner & Smith Inc.

    ...22(a) of the 1933 Securities Act, various rules of the New York Stock Exchange, the National ...26-41). Jurisdiction was asserted on federal question grounds as to the claims under the ..., and utterably intolerable in a civilized community. Generally, the case is one in which ..., the appellate court may order a remittitur and alternatively direct a new trial if the ... Wright and Miller, Federal Practice and Procedure, Sec. 2820, pp. 133-35; 6A Moore's Federal ...