remittitur federal rules of civil procedure

899 results for remittitur federal rules of civil procedure

  • vLex Rating
  • 684 F.2d 1226 (7th Cir. 1982), 80-1621, Spray-Rite Service Corp. v. Monsanto Co.

    ...He has published articles concerning procedures for computing business damages. He has consulted ... on facts as required by rule 703 of the Federal Rules of Evidence. Dr. Ozanne testified that ..., however, if Spray-Rite will accept a remittitur of $172,412. If Spray-Rite will consent to the ... pursuant to rule 16 of the Federal Rules of Civil Procedure, the district court should consider ...

  • 49 F.3d 1219 (7th Cir. 1995), 94-1356, Avitia v. Metropolitan Club of Chicago, Inc.

    ... to insist on meticulous compliance with rules sensibly designed to make appellate briefs as ...--might even have invoked Rule 35 of the Federal Rules of Civil Procedure and sought a medical ... trial or for a remission of damages (remittitur). We have no reason to question Avitia's ...

  • 233 F.3d 655 (1st Cir. 2000), 99-2328, Romano v U-Haul Int'l

    ... of her sex in violation of Title VII of the Civil Rights Act of 1964 and the Maine Human Rights ... New Trial, or, in the alternative, for Remittitur.          Appellant U-Haul appeals the ... .          Rule 51 of the Federal Rules of Civil Procedure states, in relevant ...

  • 69 F.3d 1184 (1st Cir. 1995), 95-1167, Correa v. Hospital San Francisco

    ... hospitals' continued participation in the federal Medicare program--a lucrative source of ... hence, are reviewed under a familiar set of rules.         The district court's denial of ... is that there be some screening procedure", and that it be administered even-handedly.   \xC2"... of a requirement of this section may, in a civil action against the participating hospital, obtain ... nor so excessive as to necessitate a remittitur. 10 .        V. CONCLUSION. ...

  • 556 F.3d 1075 (9th Cir. 2009), 06-16663, Tortu v. Las Vegas Metropolitan Police Dept.

    ... district court did not provide for a remittitur in lieu of a new trial, but just granted Engle's ... procedural requirements of Rule 50 of the Federal Rules of Civil Procedure. In particular, Rule 50 ...

  • 688 F.2d 973 (5th Cir. 1982), 80-3478, Tarlton v. Exxon

    ... the verdict and sought a remittitur. The trial judge granted Exxon's motion for ... remittitur in light of Rule 59(d) of the Federal Rules of Civil Procedure; (3) whether error was ...

  • 858 F.2d 103 (2nd Cir. 1988), 494-496, Getty Petroleum Corp. v. Bartco Petroleum Corp.

    ...         The Federal Trade Commission, as a condition to its approval ... damages, unless plaintiff agreed to a remittitur, which Getty Petroleum refused. ... such power with due regard to orderly procedure and fairness to the parties."). ... Office shall have been established in any civil action arising under this chapter, the plaintiff ..." was contrary to "well-established rules of equity jurisprudence").         Some ...

  • 148 F.3d 1206 (10th Cir. 1998), 96-6254, Vining on Behalf of Vining v. Enterprise Financial Group, Inc.

    ... jury instructions, failure to order a remittitur based on an excessive damage award, failure to ... a series of post-bypass tests and procedures and began taking heart maintenance medication to ... for judgment as a matter of law under Federal Rules of Civil Procedure 50(b), its motion for a ...

  • 626 F.2d 784 (10th Cir. 1980), 78-1636, Smith v. Ford Motor Co.

    ... the verdict, for new trial, and remittitur were filed and denied. Various issues are raised ... interrogatories pursuant to Rule 26(e), Fed.Rules Civ.Proc., 28 U.S.C.A.; and, (3) prejudiced ... be provided as required by the Rules of Civil Procedure. (R., Vol. I, p. 19). ... enactment of the 1970 amendments to the Federal Rules of Civil Procedure, 28 U.S.C.A., no ...

  • 704 F.2d 963 (7th Cir. 1983), 82-2228, Abernathy v. Superior Hardwoods, Inc.

    ... Superior Hardwoods for negligence, basing federal jurisdiction on diversity of citizenship, and got ...Dexterity in carrying out a dangerous procedure is only one way of avoiding accidents. Another is ... as in most cases tried under the Federal Rules of Civil Procedure surprise is a poor reason to ... the plaintiffs are willing to accept a remittitur of $138,204.39 of the judgment ($291,309.00 - ...

  • Howe v. City of Akron, 091715 FED6, 13-4172

    ...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, requesting ... as a matter of law, new trial, or remittitur pursuant to Federal Rules of Civil Procedure ...

  • 343 F.3d 172 (2nd Cir. 2003), 02-7586, DiSorbo v. Hoy

    ... award, a process referred to as remittitur. Accordingly, we remand for a new trial on ... the defendant officers violated their civil rights, including their rights to be free from ... regard to proper and lawful arrest procedures, and that the City failed to properly supervise ... 78 of the New York Civil Practice Laws and Rules, challenging Corporation Counsel's determination ... force claim and $650,000 for the federal and state abuse of process claims. Pedersen and ...

  • 387 F.3d 109 (2nd Cir. 2004), 03-7090, Fabri v. United Technologies Intern., Inc.

    ...The Federal Rules provide a prophylactic against such a ... appeals under Federal Rule of Criminal Procedure" 52(b). Id. at 62. B. CUTPA liability. .   \xC2"... the difference between this remedy and the civil penalties authorized or imposed in comparable ... district court to set the appropriate remittitur amount. See Smith v. Lightning Bolt Prods., ...

  • 702 F.2d 400 (2nd Cir. 1983), 593, Kline v. Wolf

    ...The plaintiffs objected to this procedure, arguing that when a defendant proposes a ...'s failure to comply with discovery rules); see also Cohen v. Beneficial Industrial Loan ... Cir.1982) (court cannot force settlement in civil case); General Mill Supply Co. v. SCA Services, ..., a court ordinarily may not order a remittitur with respect to a verdict in a plaintiff's favor ...Moore, Moore's Federal" Practice p 59.08, at 59-199 (1982).       \xC2"...

  • 384 U.S. 436 (1966), 759, Miranda v. Arizona

    ... effective measures, the following procedures to safeguard the Fifth Amendment privilege must ... society must observe consistent with the Federal Constitution in prosecuting individuals for ...6 The Commission on Civil Rights in 1961 found much evidence to indicate ... by Congress of Rule 5(a) of the Federal Rules of Criminal Procedure, and this Court's ..., 207 N.E.2d 527, 259 N.Y.S.2d 857, remittitur amended, 16 N.Y.2d 614, 209 N.E.2d 110, 261 N.Y. ...

  • 52 F.3d 678 (7th Cir. 1995), 94-3000, DeBiasio v. Illinois Cent. R.R.

    ... against IC alleging violations of the Federal Employers' Liability Act ("FELA"), 45 U.S.C. ... for a new trial on damages or a remittitur". A timely motion of appeal was filed.      \xC2"... 103(c) of the Illinois Central Operating Rules states that "[w]hen coupling, shoving, or ...Rule 26(a)(3) of the Federal Rules of Civil Procedure does not require pretrial disclosure of ...

  • 175 F.3d 1221 (10th Cir. 1999), 97-1095, Morrison Knudsen Corp. v. Fireman's Fund Ins. Co.

    ...   Morrison-Knudsen Corporation (MK), a federal contractor, terminated its subcontractor, Ground ... as a matter of law under Federal Rule of Civil Procedure 50(a). MK made several challenges to ... setting that standard did not obviate the rules of appellate procedure. 13 Without a sufficient ... remanded with directions to enter a remittitur order or conduct a new trial limited to the issue ...

  • 200 F.2d 576 (7th Cir. 1952), 10552, Bucher v. Krause

    ...        On plaintiff's motion a remittitur of $15, 000 was entered on count two and judgment ...Federal Rules of Civil Procedure, rule 35(a), 28 U.S.C., ...

  • 210 F.3d 355 (2nd Cir. 2000), 99-7779, Ragona v. Wal-Mart Stores, Inc.

    ...        This opinion appears in the Federal reporter in a table titled "Table of Decisions ... was cured by the district court's remittitur.         Finally, Wal-Mart contends that ... for a new trial and remittitur pursuant to Rules 50 and 59 of the Federal Rules of Civil ...

  • 729 F.2d 1530 (5th Cir. 1984), 82-2308, Nissho-Iwai Co., Ltd. v. Occidental Crude Sales

    ... Nissho's proof at trial, a simple remittitur is inappropriate. We . . remand for a new ... a new trial sua sponte pursuant to Federal Rule of Civil Procedure 59(d). A trial judge may ... of what generalized contract interpretation rules would suggest. Thus, Judge O'Conor did not err in ...

  • 258 F.2d 17 (7th Cir. 1958), 12191, United States v. 93.970 Acres of Land, More or Less, Situate in Cook County, Ill.

    ... supported' by the following cases: Federal Trade Commission v. Minneapolis-Honeywell ... rather than following the other procedure, which raised a very highly technical point in ... of additur is a corollary to that of remittitur, the former to increase an inadequate verdict, ...Rule 71A(h) of the Federal Rules" of Civil Procedure, 28 U.S.C.A. provides:.   \xC2"...

  • 277 F.3d 791 (5th Cir. 2002), 00-60153, Whitehead v Food Max of Mississippi Inc.

    ... and application of Rule 62(f) of the Federal" Rules of Civil Procedure, we reverse.      \xC2"...Kmart moved for a new trial, a remittitur, and a stay under Fed. R. Civ. P. 62(b) pending ...

  • 72 F.3d 648 (8th Cir. 1995), 94-4001, Pulla v. Amoco Oil Co.

    ... as a matter of law, a new trial and a remittitur. Pulla v. Amoco, 882 F.Supp. 836 (S.D.Iowa 1994). ...Wright & Arthur R. Miller, Federal Practice and Procedure, Sec. 2536, at 331 (1995). ... of that evidence, and after reviewing the rules that a district court must follow in ruling on ...In Smith, we explained that a civil rights plaintiff who claimed that her employer ...

  • 817 F.2d 1452 (10th Cir. 1987), 85-1576, Karns v. Emerson Elec. Co.

    ...In Armstrong v. Federal National Mortgage Association, 796 F.2d 366 (10th ... the need for adherence to the federal rules of procedure and the principle of liberal ...The plain error exception in civil cases has been limited to errors which seriously ... of defendant's motion for new trial or remittitur is entitled to considerable deference on appeal, ...

  • 635 F.2d 1165 (5th Cir. 1981), 80-1390, Gallimore v. Missouri Pac. R. Co.

    ... his suit for damages, brought under the Federal Employers Liability Act (FELA), 45 U.S.C. §§ ... Verdicto; Alternatively Motion for Remittitur; Alternatively Motion for New Trial Pursuant to ules 50 and 59 of the Federal Rules of Civil Procedure." As one ground for the motion ...