remittitur federal rules of civil procedure

899 results for remittitur federal rules of civil procedure

  • vLex Rating
  • 453 U.S. 247 (1981), 8396, City of Newport v. Fact Concerts, Inc.

    ... promoter of the concerts) brought suit in Federal District Court against the city and city ... was untimely under Federal Rule of Civil Procedure 51, the District Court considered and ..., as required by Rule 51 of the Federal Rules of Civil Procedure. Because this departure from ...for Cert. 12 to 13. It ordered a remittitur, reducing the punitive damages award to $75,000. ...

  • 710 F.3d 249 (5th Cir. 2013), 09-60651, Learmonth v. Sears, Roebuck and Co.

    ... General for the State of Mississippi-Civil Litigation, Jackson, MS, for Intervenor State of ....          A federal jury found Sears, Roebuck and Co. liable for ... a motion under Federal Rule of Civil Procedure 59(a) and (e), arguing that Learmonth had made ... the award's excessiveness justified remittitur or a new trial. The motion also included a ...'s verdict in contravention of the Federal Rules of Civil Procedure. See Fed.R.Civ.P. 49(b)(2), ...

  • Part two: case summaries by major topic.

    ... his burden of showing that a grievance procedure existed and was not followed; (2) jail officials ... state's mental health commissioner filed a civil rights action against city officials. The ...2012). A federal prisoner brought a Bivens action against prison ... was not subject to sheriff's department rules. (Santa Fe Board of County Comm'rs, New Mexico, ... or, in the alternative, a new trial or remittitur on the issue of damages. The district court ...

  • 805 F.3d 34 (2nd Cir. 2015), 12-3775-cv(L), The Anderson Grp., LLC v. City of Saratoga Springs

    ... of damages unless TAG agrees to accept remittitur of the July 2010 jury's $1 million damages award ... judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50 on the ground that the ... as motions brought pursuant to Federal Rules of Civil Procedure 50 and 59. The City reiterated ...

  • 795 F.3d 324 (2nd Cir. 2015), 14-2410-cv, Munn v. Hotchkiss School

    ... damages, warrant remittitur?. . .          John M. ... establish procedures for addressing medical emergencies; and. 5) ... directed verdict under Rule 50(a) of the Federal Rules of. Civil Procedure, arguing that ...

  • 737 F.2d 1 (D.C. Cir. 1984), 82-2159, Hobson v. Wilson

    ...Applicability of Section 1985(3) to Federal Officers ........ 19. D. Class-Based ... the 1968 Poor People's Campaign, a major civil rights demonstration.         Plaintiff ... engage in "firm application of the Federal Rules of Civil Procedure [to] ensure that federal ... might have remanded for a proposal of remittitur or, if plaintiffs did not consent, for a new ...

  • 947 F.3d 735 (11th Cir. 2020), 17-11447, Williams v. First Advantage LNS Screening Solutions Inc.

    ... for a new trial or remittitur. On appeal, Defendant asserts. that the ... I. Defendant’s Procedures. . .          Defendant. ... damages award and any civil penalties authorized or imposed. in ... are not hard and fast rules. Sometime even a 4:1 ratio may be. too ... federal rights was exceedingly reprehensible, and there ...

  • 846 F.3d 547 (2nd Cir. 2017), 14-4662-cv, Restivo v. Hessemann

    ... Volpe's motion for remittitur and a setoff of damages;. and the district ... This civil suit, alleging malicious prosecution and denial ... Federal Bureau of Investigation. Further, Dr. Word ... of Civil Procedure 59(a) following the defense verdict at the. ..., evidence must be relevant, under Federal Rules of. Evidence 401 and 402, and even ...

  • 631 F.3d 843 (7th Cir. 2011), 09-1723, Roe v. Elyea

    ... of law and, in the alternative, for remittitur of the award. The district court granted in part ..., as a general matter, comes from the Federal Bureau of Prison (" FBOP" ) Clinical Practice ... Nevertheless, Federal Rule of Appellate Procedure 4(a)(2) provides that an appeal taken " after the ... concepts of dignity, civilized standards, humanity, and decency," prohibits ... he implemented the hepatitis C treatment rules in effect in 2003. He relies on two cases that ...

  • 220 F.3d 433 (6th Cir. 2000), 98-5913, Gregory v Shelby County

    ... Shelby County; (2) the grant of remittitur to defendants Rhett Shearin and Jerry Ellis; (3) ... that no violation of jail policies and procedures had occurred. However, Sergeant Cash testified ... which deprived the Appellant of a federally protected right. In the alternative, Appellee ... distinguish isolated incidents from general rules of conduct promulgated by city officials. ...     Rule 16(e) of the Federal Rules of Civil Procedure provides: "[a]fter any conference held ...

  • 190 F.3d 598 (2nd Cir. 1999), 99-7509, Ortiz-Del Valle v The Nat'l Basketball Ass'n

    ... upon the plaintiff accepting either a remittitur of the jury's damage award or a new trial on ... appeal under Rule 4(a)(4)(B)(ii) of the Federal Rules of Appellate Procedure which required it to ... forth in separate document and entered on civil docket); cf. LeBoeuf, 185 F.3d at 63-64 (appeal ...

  • 886 F.3d 591 (6th Cir. 2018), 17-1445, Mys v. Michigan Department of State Police

    A jury found that the Michigan Department of State Police had retaliated against Mys, a former desk sergeant with the Department, by transferring her from her longtime post in Newaygo, Michigan, to a post in Detroit. Department officials initiated the process that culminated in Sgt. Mys’s transfer shortly after she had filed the second of two complaints alleging sexual assault and sexual...

    ... remittitur. The Department thus disputes that the trial. ... 50(a) of the Federal Rules of Civil Procedure, arguing that. ...

  • Ross v. Williams, 022420 FED9, 16-16533

    ...Kirshbaum (argued), Assistant Federal Public. Defender; Rene L. Valladares, ... that Federal Rules of Civil Procedure 15(c)(1)(B) and 10(c). ... Supreme Court ruling, along with a remittitur and the. first page of a letter from his ...

  • An empirical reexamination of state statutory compensation for the wrongly convicted.

    ... by most juries and judges in recent federal civil rights cases arising from wrongful ...Indeed, the procedures to obtain compensation in those states are not ..., the city filed a motion for remittitur and was required to show that the verdict was "so ...Id. . (90.) Id. at 8. . (91.) CT Needs New Rules, Oversight of Wrongful Conviction Awards, ...

  • Part one: complete case summaries in alphabetical order.

    ... motion to vacate a jury verdict or for remittitur, and entered judgment, upon the jury verdict, in ...7. CIVIL RIGHTS: Religion . 37. RELIGION: ...38. RULES & REGULATIONS-PRISONER: Religion, Religious ...21. GRIEVANCE PROCEDURES, PRISONER: Right of Access . 48. USE OF FORCE: ... against the United States under the Federal Tort Claims Act (FTCA). The plaintiffs asserted ...

  • 334 F.3d 895 (9th Cir. 2003), 00-55585, Bianchi v. Rylaarsdam

    ... litigant's attempt to obtain in federal court the very relief denied to him in state ... two separate occasions, he filed a federal civil rights suit, which, in this case, is the ... under California Code of Civil Procedure § 170.6(2), resulting in the automatic ... Court of Appeal to recall the remittitur, claiming that Justice Rylaarsdam's presence on ... and was contrary to California procedural rules. Through this motion, Bianchi sought to have the ...

  • 658 F.3d 1207 (10th Cir. 2011), 10-1145, James River Ins. Co. v. Rapid Funding, LLC

    ... action against James River in Colorado federal district court for breach of contract and ... River seeks a new trial on damages or remittitur of the damages verdict. Rapid Funding counters at Colorado law, not the Federal Rules, should govern this issue and that the testimony ..., shall be regarded as rules of decision in civil actions in the courts of the United States, in ... a choice between Federal Rule of Civil Procedure 4(d) and a Massachusetts statute governing ...

  • Sooroojballie v. Port Authority of New York & New Jersey, 060420 FED2, 18-3148-cv

    ... PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE. PROCEDURE 32.1 AND THIS ... and supervisor under Title VII of the Civil Rights. Act of 1964, 42 U.S.C. §§ 2000e ... Rule 50(a) of the Federal Rules of Civil Procedure is. necessary to ... court erred in refusing to grant a remittitur or,. alternatively, a new trial on damages. ...

  • Part two: case summaries by major topic.

    ...2012). A federal inmate brought a suit against the Attorney ... sentences, remained in state custody as civil detainees pursuant to the Illinois Sexually ... in the jail's medical policies and procedures. (Herkimer County Jail, New York) . U.S. District ... or, in the alternative, a new trial or remittitur on the issue of damages. The district court ... of both employees violated the facility's rules, and if true, would have been appropriate grounds ...

  • 383 U.S. 715 (1966), 243, United Mine Workers of America v. Gibbs

    ..., exists whenever there is a substantial federal claim and the relationship between it and the ..., under this standard, the plaintiff in a civil suit does not have to satisfy the criminal ... of law and equity by the Federal Rules of Civil Procedure. At the time, the meaning of ...The suggested remittitur from $60,000 to $30,000 for damages on the ...

  • Avoiding the appearance of impropriety: Missouri and Kansas Supreme Court decisions on the constitutionality of caps on noneconomic damages demonstrate the need for objective procedures in the selection of special judges.

    ... history, the Watts court concluded: "civil actions for damages resulting from personal ... trial by jury subject only to judicial remittitur based on the evidence in the case." (28) . The ... court from granting a new trial under the rules of civil procedure. (70) . C. Implications of ... the United States to unilaterally appoint federal judges to specialized courts ].."). . (91) In ...

  • 755 F.2d 1398 (11th Cir. 1985), 84-8584, Aaro, Inc. v. Daewoo Intern. (America) Corp.

    ... a plaintiff who has consented to a remittitur order may appeal parts of the judgment that are ... that, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, the court enter final ...

  • 388 U.S. 130 (1967), 37, Curtis Publishing Co. v. Butts

    ... brought a diversity libel action in federal court seeking compensatory and punitive damages ... punitive damages which was reduced by remittitur. The trial court rejected the defense's new trial ...Both sides appealed. The Texas Court of Civil Appeals affirmed, and the Texas Supreme Court ... traditionally have been subject to special rules of libel law. 9 .         Butts' second ... serious deficiencies in investigatory procedure, and the severe harm inflicted on Butts, we would ...

  • 518 F.3d 1259 (11th Cir. 2008), 06-13186, Rodriguez v. Farm Stores Grocery, Inc.

    ...Is the correct remedy a remittitur, reducing the damages down to the maximum amount ... managers brought this FLSA lawsuit in federal district court. Their complaint sought back pay ..., a new trial, under Federal Rule of Civil Procedure 50 on the ground that the jury's ...We are all for rules that promote judicial economy and efficiency, but ...

  • 686 F.2d 1291 (8th Cir. 1982), 81-1490, Ouachita Nat. Bank v. Tosco Corp.

    ...-appellants 2 consented to a remittitur, and from an adverse judgment entered at the ... the Verdict pursuant to Rule 50(b) of the Federal Rules of Civil Procedure. The parties filed ...