remittitur federal rules of civil procedure

899 results for remittitur federal rules of civil procedure

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  • 491 U.S. 701 (1989), 87-2084, Jett v. Dallas Independent School District

    ... vicarious liability under § 1983 for the federal constitutional or statutory violations of their ..., in holding that § 717 of Title VII of the Civil Rights Act of 1964 constitutes the exclusive ... the DISD excessive, and ordered a remittitur of $200,000, but otherwise denied the defendants' ... constitutes the "standard operating procedure" of the local governmental entity. See Pembaur, ... allegedly repealing statute specifically rules them out. In this regard, § 7 of the 1871 Act is ...

  • 764 F.3d 571 (6th Cir. 2014), 11-5500, Wallace v. FedEx Corp.

    ... on liquidated damages, front pay, and remittitur. FedEx cross-appealed, challenging the magistrate ... and front-pay decisions as untimely under Federal Rule of Appellate Procedure 4. This decision was ... as a matter of law under Federal Rule of Civil Procedure 50(a). See R. 54 at 5:8-10 (Mar. 30 ... for FedEx to file a motion under Federal Rules of Civil Procedure 50(b) and 59. R. 62 at 1-3 ...

  • The applicability of state appeal bond caps in suits brought in federal courts pursuant to diversity jurisdiction.

    ... BOND REFORM STATUTES AND FEDERAL RULE OF CIVIL PROCEDURE 62(d) A. Hanna-Prong Analysis of Rule ... of certain postverdict motions, it is Rules 62(d) and Rule 62(f) that govern stays during the ... appellate courts the power to order a remittitur when the award "deviat[ed] materially from what ...

  • 914 F.3d 976 (5th Cir. 2019), 17-41282, Puga v. RCX Solutions, Inc.

    ... court wrongly interpreted the Federal Motor Carrier Safety. Regulations because ... motion under Rule 50(a) of the Federal Rules of Civil. Procedure, requesting the court ... for a new trial or remittitur for abuse of. discretion. 9 Salinas v. ...

  • 774 F.3d 140 (2nd Cir. 2014), 13-561, Turley v. ISG Lackawanna, Inc.

    Plaintiff, a longtime steelworker in Lackawanna, New York, endured racial insults, intimidation, and degradation over more than three years, including slurs, evocations of the Ku Klux Klan, statements comparing black men to apes, death threats, and placement of a noose dangling from the plaintiff’s automobile. Supervisorsʹ meager efforts failed to stop the escalating abuse. Managers often...

    ... a single employer for the purposes of federal and state non-discrimination statutes, that the ... (reduced by the district court on remittitur) for compensatory and punitive damages for ... remedy the plaintiff's injury and to impose civil punishment on the defendants for their ... trial, the defendants moved under Federal Rules of Civil Procedure 50(b) and 59 for judgment as a ...

  • Biting The Apple Legal and Ethical Obligations of Post-Conviction Relief Counsel, 1117 SCBJ, SC Lawyer, November 2017, #18

    ... challenging criminal convictions, as a civil remedy. post-conviction relief proceedings are controlled by the. South Carolina Rules of Civil Procedure (SCRCP). Attorneys. ... or sentence was in violation of the federal or state. Constitution, (2) that the court ... one year after the sending of the remittitur to the lower. court from an appeal, or the ...

  • 625 F.3d 294 (6th Cir. 2010), 08-2088, Sykes v. Anderson

    ... denial of the Defendants' motion for remittitur; and we HOLD IN ABEYANCE the Plaintiffs' ...           I. FACTS & PROCEDURE" .           A. Background Facts .   \xC2"... City of Detroit, alleging both state and federal-law violations in connection with her arrest and ... as a matter of law under Federal Rule of Civil Procedure 50(b) and for remittitur of the jury's ...) (requiring courts to " adapt[ ] common-law rules of damage" when adjudicating § 1983 cases ...

  • 376 U.S. 575 (1964), 167, Ungar v. Sarafite

    ... jurisdiction to consider whether the procedures seemingly authorized by § 750 and 751 of the New ..., and denied the petition under Article 78, Civil Practice Act, the procedure for review of summary ... before this Court in which appellant's federal constitutional claims were asserted, and granted in part appellant's motion to amend the remittitur to show that certain constitutional questions ... 6 See also Fed.Rules Crim.Proc. 42(b):. Disposition Upon Notice and ...

  • 778 Fed.Appx. 123 (3rd Cir. 2019), 18-3630, Holt v. Commonwealth of Pennsylvania

    ... under Third Circuit Internal Operating Procedure Rule 5.7. (See Federal Rule of Appellate ... remittitur, which had not been appealed. See. Holt v. ... . 7 Holt argues that Federal Rules of Civil. ...

  • 2016 Annual Reports of Committees of The Florida Bar 2017.

    ... substantive law conflicts with the local rules of the three federal districts. In addition to ...'s broad knowledge of admiralty procedure and maritime law. . One goal of the committee and ... Administrative Practice; Stephanie Serafin, Civil Practice; Andrew Stanton, Criminal Practice; ...Among them are new Rule 1.535 on remittitur and additur and amendments to Rule 1.310(b)(4) to ...

  • Holt v. Commonwealth of Pennsylvania, 071019 FED3, 18-3630

    ... remittitur, which had not been appealed. See Holt v. ... . . 7 Holt argues that Federal Rules of. Civil Procedure 8 and 12 prevent ...

  • 752 F.3d 324 (3rd Cir. 2014), 13-1835, Lesende v. Borrero

    ...(D.C. Civil No. 2-06-cv-04967). District Judge: Hon. ...The City moved for remittitur, and its motion was granted; the District Court ... for judgment as a matter of law under Federal Rule of Civil Procedure 50(a). Lesende, however, ... . Federal Rules of Civil Procedure 50 and 59. We agree. " ...

  • 947 F.3d 996 (7th Cir. 2020), 18-2944, Kaiser v. Johnson & Johnson

    ... Ethicon’s motion for remittitur and reduced the punitive. award to $10 ... starting with an argument about federal preemption and moving. through several ...Bales performed a. corrective procedure by using clamps and scissors to remove. the ... Federal Rules of Civil Procedure, reiterating the argument it. ...

  • 871 F.3d 1152 (10th Cir. 2017), 16-6011, Racher v. Westlake Nursing Home Ltd. Partnership

    Eryetha Mayberry was abused by two certified nursing assistants while in the care of Quail Creek Nursing Home, operated by Westlake Nursing Home Limited Partnership and Westlake Management Company (collectively “Quail Creek” or “Westlake”). Plaintiffs, Mrs. Mayberry’s three daughters, filed suit against Westlake under Oklahoma law for negligence, negligence per se, and intentional infliction of...

    ... and moved for remittitur or alternatively a new trial, both. t to Federal Rule of Civil Procedure 59. The district. ... Rules should be given their plain meaning. [2] . . ...

  • 370 F.3d 124 (1st Cir. 2004), 02-2530, Rosario Ortega v. Star-Kist Foods, Inc.

    ... is not normally the stuff of lawsuits in federal court, but her injuries were more than trivial ... was no doubt influenced by the fact that civil jury trials are unavailable in the local courts ... jurisdictional amount by relying on remittitur cases. Certainly courts may resort to analogous ... Bank after the adoption of the Federal Rules of Civil Procedure. See 306 U.S. at 589, 59 ...

  • 378 U.S. 368 (1964), 62, Jackson v. Denno

    ... corpus asserting that the New York procedure for determining voluntariness of a confession was ... filed a petition for habeas corpus in the Federal District Court asserting that his conviction for ..., 219 N.Y.S.2d 621, 177 N.E.2d 59, its remittitur being amended to show that it had necessarily ...JUSTICE BLACK.         RULES FOLLOWED IN THE STATES TO DETERMINE. ... the trial of issues, whether in criminal or civil cases, between judge and jury as they deemed ...

  • 825 F.3d 453 (8th Cir. 2016), 14-3554, Lincoln Composites, Inc. v. Firetrace USA, LLC

    Following a jury verdict in favor of Lincoln, in this case involving a contract dispute between the parties, Firetrace appealed the denial of its motion for a new trial or remittitur under Federal Rule of Civil Procedure 59. The court concluded that Firetrace made its intent clear by filing its Amended Statement of Issues and Amended Designation of the Record on Appeal and that Lincoln will not...

    ... court's 1 denial of its Federal Rule of Civil. Procedure 59 motion for new trial or remittitur, following a. jury verdict in favor of ... the Federal Rules of Appellate Procedure. Smith v. Barry, 502 ...

  • 765 F.3d 1081 (9th Cir. 2014), 12-16944, Oracle Corp. v. SAP AG

    ... Oracle's rejection of a $272 million remittitur measured by the copyright holder's lost profits ...         Oracle brought suit in federal district court in 2007, alleging copyright ... court's grant of JMOL under Federal Rule of Civil Procedure 50. Mangum v. Action Collection Serv., ... to Oracle, the district court " changed the rules after the close of proof" and therefore should ...

  • Singletary Construction, LLC v. Reda Home Builders, Inc., 060120 FED6, 19-5491

    ... Reda only) to calculate an appropriate remittitur and, if. necessary, retry the damages ... whether they sought relief under Federal Rule of Civil. Procedure 50 or 59. R. 172 ... according to the rules of the common law." U.S. Const. amend. VII. ...

  • Lindenberg v. Jackson National Life Insurance Co., 122118 FED6, 17-6034

    ... 1. Do the punitive damages caps in civil cases imposed by. Tennessee Code Annotated ... procedure to settle the controversy and satisfy his. ... Federal Practice and Procedure § 1704 (3d ed. 2001)). ... Rules of Civil Procedure ("rule interpleader") or. ... constitutionally acceptable range, and remittitur will not be. justified on this basis. When ...

  • Mirlis v. Greer, 030320 FED2, 17-4023-cv (L)

    ... its denial of a new trial or remittitur on the basis that the. jury's award of $15 ... to Federal Rule of Civil Procedure 59(a), Greer and Yeshiva. ... self-incrimination must satisfy Federal Rules of Evidence 401. and 403. See LiButti v. ...

  • Part two: case summaries by major topics.

    ...2016). A detainee who was civilly committed in a special treatment unit under the ..., in the death of a fellow inmate at a federal penitentiary. The defendants appealed. The ... Court CONTRACT SERVICES POLICIES/PROCEDURES . Hollihan v. Pennsylvania Department of ... motion to vacate a jury verdict or for remittitur, and entered judgment, upon the jury verdict, in ... report against the prisoner for violating rules for outgoing mail, and thus, the officer did not ...

  • THE FLORIDA BAR: ANNUAL REPORTS of Committees.

    ... by Matthew Valcourt; practice and procedure by Andrew Craven; personal injury and wrongful ..., presenting on maritime terminology, federal and state jurisdiction of admiralty claims and ... procedural requirements of the advertising rules. . The committee advises Bar members on the ...The subcommittee chairs are Tom Ward (civil practice), Judge Robert Luck (criminal practice), ... 1.535 designed to address motions for remittitur and additur; amendments to Rule 1.540(b) to ...

  • 941 F.3d 243 (7th Cir. 2019), 16-4153, Rainey v. Taylor

    ...Alternatively, he sought a remittitur. of damages. The judge denied the motions. ... competition rules. Taylor took Rainey to a suburban sports. ... for sexual battery in federal court in Chicago. Taylor. repeatedly evaded ... Rules of Civil Procedure. Ten days later Florida attorney. ...

  • 181 F.3d 446 (3rd Cir. 1999), 98-5158, Inter Med Supplies v. EBI Med Systems Inc.

    ...Civil No. 95-cv-06035) District Court Judge: Stephen M. ... law or for a new trial but granted a remittitur reducing the award of punitive damages to $50 ... of law or for a new trial pursuant to Federal Rule of Civil Procedure 50. It also requested ... States to apply United States interpretive rules to a contract invoking Italian law. Even if it ...