remittitur federal rules of civil procedure

899 results for remittitur federal rules of civil procedure

  • vLex Rating
  • 861 F.2d 1453 (10th Cir. 1988), 86-2350, Menne v. Celotex Corp.

    ... our review of a jury trial in the federal district of Kansas, tried by stipulation under ... implicitly controlled by Federal Rule of Civil Procedure 54(c) and is a matter of federal ... did the trial court find no basis for remittitur but the appellants decided not to appeal the ... instead that under Kansas' choice of law rules, Nebraska law applied; i.e., although Menne's ...

  • 657 F.2d 1147 (10th Cir. 1981), 80-1630, King & King Enterprises v. Champlin Petroleum Co.

    ...-appellant and that this tolls every federal statute. Holmberg v. Armbrecht, 327 U.S. 392, 66 ... trial court reduced the judgment by remittitur to $755,942 and trebled that amount pursuant to ...        Rule 32(a)(2) of the Federal Rules of Civil Procedure provides that a deposition of ...

  • 738 F.2d 1509 (10th Cir. 1984), 82-1407, Aspen Highlands Skiing Corp. v. Aspen Skiing Co.

    ... the verdict, for a new trial, and for remittitur filed by defendant both after trial and seven ...580-81.         Rule 51 of the Federal Rules of Civil Procedure provides that "[n]o ...

  • 896 F.3d 1 (1st Cir. 2018), 16-2347, Sindi v. El-Moslimany

    ... represent the district court’s remittitur of jury awards). Not so the claim for ... . Ann removed the case to the federal district court. See 28 U.S.C. § § ... must look to state law for the substantive rules of. decision. See Erie R.R. Co. v. ... civil cases. Teixeira v. Town of Coventry, 882 F.3d. ... and procedure are devised to promote the ends of justice, not. ...

  • Burke v. Regalado, 082019 FED10, 18-5042

    ...          5. Remittitur as to Compensatory. ... under Federal Rule of Civil Procedure 50(b) on Ms. ... separate motion under Rules 50(b) and 59(a) likewise did not. address ...

  • 544 F.2d 19 (2nd Cir. 1976), 615-617, Morrissey v. National Maritime Union of America

    ... Morrissey, in this civil action brought pursuant to 29 U.S.C. § 412, ... organization's established and reasonable rules pertaining to the conduct of meetings: Provided, ... is the "complicity rule", followed by federal courts in pre-Erie days that punitive damages may ... to explain one might say defend the procedure by which the notice was promulgated. Finally, ... power of a court of appeals to order a remittitur for excessiveness of damages are Dagnello v. Long ...

  • 642 F.2d 614 (D.C. Cir. 1980), 79-1899, Hooks v. Washington Sheraton Corp.

    ...Civil Action No. 274-72).         David J. ... the verdict pursuant to Rule 58(1) of the Federal Rules of Civil Procedure. on filed a motion for a new trial or remittitur and, on July 2, 1976, the district court ruled ...

  • 524 U.S. 274 (1998), 96-1866, Gebser v. Lago Vista Indep. Sch. Dist.

    ... not distributed an official grievance procedure for lodging sexual harassment complaints or a mal anti harassment policy, as required by federal regulations. Gebser and her mother, also a ...When Title IX was enacted, the principal civil rights statutes containing an express right of ... disburse education funding to enforce their rules implementing the nondiscrimination mandate ... Courts retain the power to order a remittitur, for example. In addition, the size of a jury ...

  • McBride v. Market Street Mortgage, 060210 FED10, 07-8044

    ... a matter of law under Rule 50(a) of the Federal Rules of Civil Procedure. The court determined ... or in the alternative for new trial or remittitur under Rules 50(b) and 59 of the Federal Rules of ...

  • Annual Reports of Sections and Divisions of The Florida Bar.

    ...The BLSE rules subcommittee approved the Adoption Law ...'s broad knowledge of admiralty procedure and maritime law. Several lawyers took the 2020 ...The federal Sherman Act and analogous Florida Statutes are ... Rule 9.425 as an appellate corollary to the civil procedure rule requiring notice be given to the ... the adoption of a new Rule 1.535 (remittitur and additur); Subdivision (b)(1) (failure to ...

  • Paschal et al. v. Flagstar Bank, 071702 FED6, 00-1634

    ... v. . Flagstar Bank, FSB, a Federal Savings Bank, f/k/a First Security Savings Bank, ...§§ 100.120 to 100.130, as well as the Civil Rights Act of 1866 and 1870, 42 U.S.C. § 1981 ... law pursuant to Rule 50(b) of the Federal Rules of Civil Procedure. It also filed alternative ... Rules of Civil Procedure and for a remittitur. The district court denied all of Flagstar's ...

  • Whitehead v. Food Max Of Mississippi, 011102 FED5, 00-60153

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

  • Sindi v. El-Moslimany, 071118 FED1, 16-2347

    The issues before the First Circuit were (1) the power of a court to impose a prior restraint in the form of a permanent injunction forbidding the publication of words that the court believes have been used to defame the plaintiff in the past and are likely to be repeated; (2) whether the evidence in this case allowed the jury to find Samia El-Moslimany liable for intentional infliction of...

    ... remittitur of jury awards). Not so the claim for tortious. ... removed the case to the federal district court. See. 28 U.S.C. §§ ... must look to state law for the substantive rules of. decision. See Erie R.R. Co. v. ... error are "hen's-teeth rare" in civil cases. Teixeira v. Town of Coventry, 882 ... though, "[r]ules of practice and procedure are devised. to promote the ends of ...

  • LAW PROFESSORS AS PLAINTIFFS.

    ... to an action involving a threatened civil or constitutional right, (8) or suing on behalf ... by Justice Marshall) agreed that the rules served "no valid purpose." (28) . In 1973, F. ...Spaeth, sixty, filed a federal lawsuit in Washington, D.C. against six law ... Appointment Letter, the Standards and Procedures, the Faculty Handbook, and the general customs ...) At West's request, the court granted remittitur: . I am satisfied that the only significant issue ...

  • 660 F.3d 487 (1st Cir. 2011), 10-1883, Sony BMG Music Entertainment v. Tenenbaum

    ... Tenenbaum's motion for a new trial or remittitur, the district court skipped over the question of ...Where the Court has found a particular federal statute to deprive defendants of jury rights in ... has enumerated a set of express exceptions, rules of statutory interpretation instruct that ... indeed for a panel to find plain error in a civil case.’ " Diaz-Fonseca v. Puerto Rico, 451 ..., Miller & Kane, Federal Practice and Procedure" § 2815, at 160 (2d ed. 1995).         \xC2"...

  • Court Business, 0914 COBJ, 2014, September, Pg. 111

    ... Changes to Colorado Rules of Civil Procedure, Chapter 24. Colorado ... rehearing shall be permitted. Remittitur shall accompany said. opinion. . . ... question of federal law that has not been resolved by the. ...

  • Blackstone's curse: the fall of the criminal, civil, and grand juries and the rise of the executive, the legislature, the judiciary, and the states.

    ...Procedures Before, During, and After Trial a. Judges as ...(45) Rules of evidence were not fully developed in ... is required, (163) and in some cases in federal court, prosecutors charge defendants by ...Another new procedure is the remittitur of damages by courts. (252) A party can move for ...

  • Civil Procedure Rules Committee Regular-Cycle 2019 Amendments.

    ...-0 (as to Amends subdivision (e) to track 37(e) subdivision of the Federal Rules of Civil (e)) Procedure that was amended in 2015. The amendments to ...Rule 1.535 26-0-0 Adds a new rule that addresses motions for remittitur and additur. Subdivision (a) requires the party to serve the motion for ...

  • The litigation-arbitration dichotomy meets the class action.

    ...Litigation takes place under off-the-rack rules prescribed by public law--for the federal courts, the Federal Rules of Civil Procedure. By contrast, arbitration is a creature ... draw, by analogy, on the practice of remittitur, whereby a reviewing court may offer the ...

  • Rethinking the additur question in federal courts.

    ...(4) One such innovation is remittitur, which is a procedural alternative to granting a ... only inhibits productive evolution of the civil jury in federal courts. (22) Accordingly, this ...The remittitur procedure in federal courts derives from the trial court's ... of the United States, than according to the rules of the common law. Id.; see also Gasperini v. ...

  • 896 F.3d 958 (9th Cir. 2018), 16-16533, Ross v. Williams

    ...Kirshbaum (argued), Assistant Federal Public. Defender; Rene L. Valladares, ... the Rules Governing Section 2254 Cases either directly or ... of Civil Procedure (Civil Rule 15(c) ). Because the facts ...1 The Nevada Supreme. Court’s remittitur issued on August 18, 2014, and AEDPA’s. . ...

  • 762 Fed.Appx. 869 (11th Cir. 2019), 18-12920, Long v. East Coast Waffles, Inc.

    ...Federal Rule of Appellate Procedure Rule 32.1. See ... (2) denying East Coast a new trial or remittitur. for excessive damages. After careful ... Rule of Civil Procedure 26 for an abuse of discretion. ... witness discovery rules are designed to allow both sides in a. case ...

  • 523 U.S. 208 (1998), 97-954, Hetzel v. Prince William County

    ... respondent county under Title VII of the Civil Rights Act of 1964, but the District Court ... Circuit had effectively offered her a remittitur, which entitled her to a new trial under the ... of the United States, than according to the rules of the common law." U.S. Const., Amdt. 7. . ... that case dealt with the application of Federal Rule of Civil Procedure 50(d) in a situation ...

  • Weathering Wal-Mart.

    ... protections provided by Title VII of the Civil Rights Act of 1964 (Title VII). This Article ... retailer could not be certified under the Federal Rules of Civil Procedure. (4) The Court concluded ... reduce the amount of the award through remittitur. (242) Like in many other areas of the law, the ...

  • Civil Procedure Rules.

    ... summary judgements), Rule 1.535 (adding a new rule governing remittitur and additur), Rule 1.540 (addressing the concerns raised in De La Osa v. ...The committee also continues to monitor changes to the Federal Rules of Civil Procedure and is considering whether to adjust state court ...