remittitur federal rules of civil procedure

899 results for remittitur federal rules of civil procedure

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  • 331 F.3d 472 (5th Cir. 2003), 01-20869, Alameda Films SA de CV v. Authors Rights Restoration Corp. Inc.

    ... ("author's right")--under the Mexican Civil Code. The district court reserved for trial, ...Article 2 of the 1947 Ley Federal de Derecho de Autor states that:. [copyright] ...remittitur order from the district court is grounded in ...The Federal Rules of Appellate Procedure require that an ...

  • 538 F.3d 45 (1st Cir. 2008), 06-2501, Soto-Lebron v. Federal Express Corp.

    ... by the company for a violation of company rules. 1 The plaintiffs asserted emotional damages ... law on the slander claim and ordered a remittitur on the IIED and libel awards, reducing the total ... him that he could invoke review procedures under the FedEx “Guaranteed Fair Treatment ... atrocious, and utterly intolerable in a civilized community. Generally, the case is one in which ...

  • 350 F.3d 399 (3rd Cir. 2003), 01-1648, Brennan v. Norton

    ... the Fire Sub-Code Official with a civilian instead of a firefighter. According to Brennan, ... and a violation of the Department's rules and regulations.         Brennan cited ... new trial, or, in the alternative, for remittitur. Inasmuch as these arguments substantially ... a matter of public concern because both federal law and the New Jersey Administrative Code ... 4 This is a procedure whereby a firefighter arranges that another ...

  • 136 F.3d 239 (2nd Cir. 1998), 348, Annis v. County of Westchester

    ... court denied the former, but granted a remittitur, which the plaintiff accepted in order to avoid a ... it happens, both Annis and Mosca were in civilian clothing, and, in light of department policy, she ..., however, that the "normal practice and procedure" is to require documentation. Indeed, six other ..., the plaintiff suffered a denial of her federal statutory rights, or her constitutional rights or ... constituted selective enforcement of work rules, see Jones v. Gerwens, 874 F.2d 1534, 1537-41 ...

  • 214 F.3d 1151 (9th Cir. 2000), 99-55431, Morales v. City of Los Angeles

    ... other misconduct occurring in a previous civil rights lawsuit caused them to lose that case, ...federal court alleging denial of their federal civil ..., we also apply California's tolling rules that are not inconsistent with federal law. Fink, ... the state appellate court issues a remittitur.2 Rare Coin Galleries, Inc., v. A-Mark Coin Co., ... 2In California procedure...

  • SC Lawyer, November 2012, #4. A Snapshot of the SouthCarolina Court System.

    .... A. General . The S.C. Appellate Court Rules (SCACR), which were adopted. September 1, 0, specify the procedures for appeals, petitions and motions. before ... state or federal grounds to the constitutionality of a state law ...2011) (disposition and remittitur). The Court of Appeals may also entertain ... original jurisdiction in civil and criminal cases. S.C. Const. art. V, 11. It. ...

  • Sommerfield v. Knasiak, 072320 FED7, 18-2045

    ...Knasiak accused Sommerfield of violating rules. by failing to contact the dispatcher while ... pursuant to Federal Rule of Civil Procedure 50(b), a Rule. ... for a remittitur. We generally review a district court's. ...

  • 83 U.S. 483 (1873), Planters' Bank v. Union Bank

    ... in any manner in the military, naval, or civil service of the so-called Confederate States, or ... on the Union Bank for $86,646, the sum in Federal money which it conceived to be due to it.  The ... for plaintiff it is ordered that a remittitur of interest allowed in the judgment in this case ... of The Venice, 13 'only reiterated the rules established by the legislative and executive ... property, and they directed the mode of procedure for its condemnation in the courts.  The system ...

  • 931 F.2d 116 (1st Cir. 1991), 90-1897, De Leon Lopez v. Corporacion Insular de Seguros

    ...' fees and prejudgment interest pursuant to Rules 44.1(d) and 44.3(b) of the Puerto Rico Rules of ivil Procedure. CIS moved, in the alternative, for judgment v., a new trial, or a remittitur. While these motions were pending, CIS launched a ..., arguing that it could not be sued in federal court because it was entitled to eleventh ...(d) and 44.3(b) of the Puerto Rico Rules of Civil Procedure. 10 Under these provisions, a losing ...

  • 614 Fed.Appx. 460 (11th Cir. 2015), 14-11243, Democratic Republic of Congo v. Air Capital Group, LLC

    ...Federal Rule of Appellate Procedure Rule 32.1). . ... statements, Jean Tshiumba from the DRC Civil Aviation. Authority and technical engineer ... filed a motion of their own, but for remittitur and renewed. judgment as a matter of law. ... When explaining the statute's rules of construction, the. Florida legislature ...

  • 229 F.3d 27 (1st Cir. 2000), 00-1099, Diefenbach v Sheridan Transportation

    ...'s motions for a new trial and remittitur, and this appeal followed. Finding that the ... case involved docking and undocking procedures for, and equipment used on, a complex vessel ... of expert testimony is governed by Federal Rules of Evidence 702 and 703. Three requirements ...Rule 51 of the Federal Rules of Civil Procedure states, in pertinent part, that: "No ...

  • 400 F.3d 428 (6th Cir. 2005), 02-6545, United States ex rel. A+ Homecare, Inc. v. Medshares Management Group, Inc.

    ... permit a litigant to manipulate discovery rules and use a favorable discovery limitation as a ... . that a civil claim brought under the FCA includes a ... in Wells, the Court concluded that the federal crime of knowingly making a false statement to a ... was cured by the district court's remittitur. We have stated that "[a] remittitur is proper ... that "[a]lthough Federal Rule of Civil Procedure 50 was amended in 1991 to establish 'judgment as ...

  • Damages for indirect patent infringement.

    ... than a month earlier, on August 19, the Federal Circuit decided Cardiac Pacemakers, Inc. v. St. ...," (182) including a relatively familiar procedure called defibrillation (183) and a lesser-known ... by the text of Rule 56 of the Federal Rules of Civil Procedure, (281) while others have held ..., and further reduced to $26,300,000 on remittitur). . (39.) See, e.g., Glenayre Elees., Inc. v. ...

  • 681 F.2d 186 (4th Cir. 1982), 80-1245, Arnold v. Eastern Air Lines, Inc.

    ... against the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346 et seq., and ... proposals respecting the appropriate procedure, the district court denied the motion for ... and, to correct this error, ordered a remittitur of $50,000, reducing the award to $797,000, which ...Miller, Federal Practice & Procedure: Civil § 2383 (1971).         In this case it ... referee applying the Marquis of Queensbury rules." Wyzanski, A Trial Judge's Freedom and ...

  • 370 F.3d 239 (2nd Cir. 2004), 03-7367, Rangolan v. County of Nassau

    ... of their acceptance of conditional remittiturs ordered in Rangolan v. County of Nassau, 51 ... as an illegal alien, had been remanded to federal custody for deportation proceedings. Thereafter, ...Kane, Federal Practice and Procedure § 2815, at 167-68 (2d ed.1995); see Earl v. ...in the above captioned civil action; (2) Neville Rangolan shall be kept under ...         Rule 54 of the Federal Rules of Civil Procedure provides, in pertinent part, ...

  • 902 F.3d 1342 (11th Cir. 2018), 13-15258, Searcy v. R.J. Reynolds Tobacco Co.

    ... court violated Defendants’ federal due process rights. Second, Defendants ... United States, than according to the rules of the common. law." U.S. Const. amend. ... Federal Rules of Civil Procedure provide the manner and the. time ... to the full compensatory damages (post-remittitur) that the. district court awarded her. ...

  • 721 F.2d 911 (3rd Cir. 1983), 82-5733, Kazan v. Wolinski

    ... the district court erred by ordering a remittitur or new trial after the first jury verdict and by ...Kazan sued in federal court, claiming permanent and total disability as ...There isn't any mathematical procedure by which you can reach a determination as to how ... described in Rule 49 of the Federal Rules of Civil Procedure. Healey v. Catalyst Recovery, ...

  • 880 F.3d 791 (6th Cir. 2018), 17-5590, Pittington v. Great Smoky Mountain Lumberjack Feud, LLC

    Pittington worked for Lumberjack for five months before he was fired for supporting his wife (a Lumberjack employee) in her sexual harassment complaint. Before being fired, Pittington was demoted, had his hours reduced, and was made to work in an unheated shack without a chair previously provided for Pittington's medical condition. Pittington sued, alleging that Lumberjack's actions were based...

    ... violation of Title VII of the Civil Rights Act of 1964. (" Title VII" ) are ...Lumberjack removed the case to federal. court, R. 1 (Notice of Removal) (Page ID ... of Civil Procedure 59(e) 3 or else hold a new trial as to. ... . 3 Rule 59(e) of the Federal Rules of Civil. Procedure permits parties to file ... Dimick, remittitur (conditioning the denial of a. defendant’s ...

  • Ramirez v. TransUnion LLC, 022720 FED9, 17-17244

    ... reasonable procedures to assure accuracy of the terrorist. alerts ... majority that Article III and the Rules Enabling Act require. all members of a ... 'eligibility' for credit than whether federal law. prohibits extending credit to that ... of Civil Procedure over TransUnion's objection and denied. ... alternatively for a new trial, remittitur, or an amended. judgment, all of which the ...

  • 873 F.3d 739 (9th Cir. 2017), 14-56832, Flores v. City of Westminster

    Plaintiffs, three officers of Latino descent, filed suit against the City and Westminster Police Chiefs, alleging claims of discrimination and retaliation on the basis of race and religion. The jury awarded plaintiffs general and punitive damages, as well as attorney fees and costs. The panel held that the district court properly denied the City's motion for a new trial and renewed motion for...

    ... civil service employees is governed by statute rather ... from the Department testifying in federal court in an. unrelated work matter. . ...Following this. procedure, we determined that under Washington law the. ...The Federal Rules of Civil. Procedure provide for special ... the Chiefs seek a reversal or remittitur of the punitive. damages awards against ...

  • 415 F.3d 1001 (9th Cir. 2005), 03-16649, Southern Union Co. v. Southwest Gas Corp.

    ... in the alternative for a new trial or remittitur. On January 24, 2003, the district court issued a ...Southern Union relies on Federal Rules of Appellate Procedure (FRAP) 4(a)(4)(A), ... motions under the Federal Rules of Civil Procedure, the time to file an appeal runs for ...

  • 912 F.2d 129 (6th Cir. 1990), 89-5718, Davis by Davis v. Jellico Community Hosp. Inc.

    ... that the district court incorrectly applied Rules 59 and 60 of the Federal Rules of Civil Procedure ... New Trial or, in the Alternative, for Remittitur." Davis died of cardiac arrest in the Jellico ...

  • 440 F.3d 104 (2nd Cir. 2006), 05-0888, Patterson v. Balsamico

    ... causes of action under Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § ... a new trial pursuant to Rule 59 of the Federal Rules of Civil Procedure on various grounds. This ...at 438. In deciding a motion for remittitur, "the role of the district . . court is to ...

  • 457 F.3d 224 (2nd Cir. 2006), 04-5420, Reiter v. MTA New York City Transit Authority

    ... claim of retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. ... on Reiter's agreement to accept a remittitur to $10,000. Id. at *16. ... a district court's interpretation of the Federal Rules of Civil Procedure, Unicorn Tales, Inc. v. ...

  • 983 F.2d 459 (3rd Cir. 1992), 91-1306, Keenan v. City of Philadelphia

    ... notwithstanding the verdict and/or remittitur and/or new trial and challenge the amount of ... its Constitution and through substantial civil rights legislation, to prohibit unlawful gender ... from Tucker's endorsement of Grasso's procedure, Tucker's discussion of this practice does ... punitive damages as used in the Federal Tort Claims Act).         In the context ... minimum weight at a time when the federal rules governing discovery have been greatly ...