remittitur federal rules of civil procedure

899 results for remittitur federal rules of civil procedure

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  • 855 F.3d 178 (4th Cir. 2017), 15-2086, Bresler v. Wilmington Trust Co.

    Plaintiff Fleur and her son, Sidney, filed breach of contract claims against Wilmington. A jury determined that defendants breached an agreement to lend money for the acquisition, maintenance, and certain investments relating to life insurance policies obtained for Charlie and his wife, Fleur. The jury awarded $23 million in damages. The district court then determined post-trial that Wilmington...

    ...7 Wilmington removed the case to federal. district court in November 2009, based on ... remittitur. Ultimately, the court entered final judgment. ... Federal Rules of Civil Procedure to exclude Pugh's. ...

  • Summary Judgment Is Constitutional

    This Article demonstrates that summary judgment is constitutional and does not violate the Seventh Amendment. Two historical antecedents, used by common-law courts, justify modern summary judgment, trial by inspection and demurrer to the evidence. Trial by inspection, as explained by Blackstone, Coke, and Maitland, allowed a common-law judge to inspect evidence visually and then decide "obvio

    ... law, pre-1791 judges used a pretrial procedure to decide obvious facts in a manner analogous to a Federal Rule of Civil Procedure 56 motion for summary ... juries, the development of evidence rules to bar confusing evidence from the jury, and the ..., Re-Examining the Constitutionality of Remittitur Under the Seventh Amendment, 64 Ohio St. L.J. ...

  • Part one: complete case summaries in alphabetical order.

    ...21. GRIEVANCE PROCEDURES, PRISONER: Exhaustion, PLRA- Prison Litigation ...38. RULES & REGULATIONS-PRISONER: Books, Correspondence, ...2012). A federal inmate brought a suit against the Attorney ...ADMINISTRATION: Policies/Procedures . 7. CIVIL RIGHTS: Civil Commitment, Sex Offender, Search, ... or, in the alternative, a new trial or remittitur on the issue of damages. The district court ...

  • 615 F.3d 1352 (11th Cir. 2010), 09-13151, Advanced Bodycare Solutions, LLC v. Thione Intern., Inc.

    ... judgment as a matter of law (pursuant to Federal Rule of Civil Procedure 50(a)) and then sent the ... extending the time for filing motions under Rules 50(b) or 59. Rule 6(b) is not grounded in a ... in Denying Appellant's Motion for Remittitur or to Reduce or Set-Aside Damages Awarded to ...

  • Rainey v. Taylor, 101719 FED7, 16-4153

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

  • Jury Voting Paradoxes

    The special verdict is plagued by two philosophical paradoxes: the discursive dilemma and the lottery paradox. Although widely discussed in the philosophical literature, these paradoxes have never been applied to jury decision making. In this Essay, I use the paradoxes to show that the special verdict's vote-reporting procedures can lead judges to render verdicts that the jurors themselves would...

    ...This verdict is most commonly used in civil trials.12 In contrast to a general verdict, a ... judges to use special verdicts-into the Federal Rules of Civil Procedure. Justices Black and ... the verdict, re- trial, or remittitur in lieu of a new trial."29 And as in general ...

  • 481 F.3d 442 (7th Cir. 2007), 05-3634, Republic Tobacco Co. v. North Atlantic Trading Co., Inc.

    ... Republic's marketing programs violated federal and state antitrust laws. ... of the judgment pursuant to Federal Rule of Civil Procedure 62(b). It supported its motion with an ... granted NATC's post-trial motion for a remittitur or, alternatively, a new trial and reduced the ... rights pending appeal." Where the Federal Rules conflict with a "procedure provided in an earlier ...

  • 609 F.3d 1308 (Fed. Cir. 2010), 2009-1454, Wordtech Systems, Inc v. Integrated Networks Solutions, Inc.

    .... United States Court of Appeals, Federal Circuit . June 16, 2010 . . [Copyrighted ... law (" JMOL" ) under Rule 50 of the Federal Rules of Civil Procedure, and a motion for new trial ..., and requests either a new trial or a remittitur of $52,250.          Defendants raised ...

  • 209 F.3d 163 (2nd Cir. 2000), 1601, Lino Celle & Radio Mindanao v Filipino Reporter

    ... by a combination of state libel law and federal First Amendment doctrine. See, e.g., Hustler ..., New York Pattern Jury Instructions-Civil, PJI 3:23, cmt.2 (cumm. supp. 1999) (hereinafter ...Rules of Civil Procedure, the defendants renewed their ..., support the exercise of appellate remittitur authority to proportionally reduce the award to ...

  • 33 F.3d 134 (2nd Cir. 1994), 1425, Purgess v. Sharrock

    ... claims included alleged violations of the federal antitrust laws plus state claims of breach of ...Purgess consented to a remittitur of $4.1 million on the punitive damages award. ...Graham, Federal Practice and Procedure Sec. 5036 (1977)). Third, defendants did not ask ... qualified immunity to a hospital from civil liability for the filing in good faith of ... be those recognized under the more liberal rules applicable to tort actions." Guard-Life Corp. v. ...

  • 765 Fed.Appx. 970 (5th Cir. 2019), 17-20542, Gil Ramirez Group, L.L.C. v. Marshall

    ... Refer Federal Rule of Appellate Procedure Rule 32.1. See also. U.S.Ct. of App. 5th Cir. Rules 28.7 and 47.5. . . Page 971. . ... with prospective business relations, civil. conspiracy, and RICO violations, and ... on an imbalance after we order a remittitur or. vacate the compensatory damages ...

  • 674 F.3d 1187 (10th Cir. 2012), 09-3275, Jones v. United Parcel Service, Inc.

    ... million in punitive damages violated its federal due process rights.           We have ... in this case, relying on Federal Rule of Civil Procedure 38 and its incorporation of the Seventh ... situation is covered by one of the Federal Rules .. the court has been instructed to apply the ... the plaintiff's consent prior to the remittitur. Id. at 1447. We observed that " in an ...

  • 617 F.3d 1242 (10th Cir. 2010), 09-5047, Therrien v. Target Corp.

    ..., and (4) the court should have granted remittitur or a new trial. Mr. Therrien cross-appeals the ...Target removed the case to federal district court. See 28 U.S.C. §§ 1332(a)(1) ... Klonoff, Federal Appellate Practice and Procedure in a Nutshell 48 (2008). But we need not rely on ... to be exercised in situations to which the rules apply.’ " Id. (quoting Fulton v. St. ...Unif. Civil Jury Instruc.-Civil 5.6, available at http:// ...

  • 750 F.2d 731 (9th Cir. 1984), 81-5772, Los Angeles Branch NAACP v. Los Angeles Unified School Dist.

    ... measures except in circumstances where federal courts could do so to remedy violations of the ... 2 .         Following the remittitur, 3 the District submitted a revised ...See 3 Witkin, California Procedure, Pleadings Sec. 22 (1971). The invasion of more ... plaintiff had previously brought a federal civil rights action alleging assault and wrongful ... of school children are bound by preclusion rules from relitigating identical claims of unlawful ...

  • The 'raised eyebrow' test produces further head-scratching: punitive damages in Ondrisek v. Hoffman.

    ...I. INTRODUCTION . Since the 1980s the federal courts have struggled with how to address the ... damages, and the comparable criminal and civil punishments typically imposed upon a similar bad ...' finances (23) and instituted a variety of rules that resulted in near-complete isolation from the ... constitutionally acceptable range, and remittitur will not be justified.." (93) Thus, the Court did ... be noted that Haslip focused on what procedures must be followed by a jury when determining ...

  • 767 F.2d 1151 (5th Cir. 1985), 84-3314, In re Air Crash Disaster Near New Orleans

    ...Giancontieri agreed to the remittitur, and this appeal followed. Both parties assert ... verdict is a matter governed by state or federal law, 4 but it is not necessary that we attempt ... Wright and Miller, Federal Practice and Procedure, Sec. 2820 (1973).         At perhaps ... law to be neat and governed by precise rules, it may be troublesome that the threshold guide ... entrusted with a scope of review that "in civil cases extends to both law and facts." La. ...

  • 631 F.3d 724 (5th Cir. 2011), 09-60651, Learmonth v. Sears, Roebuck and Co.

    ...Gen., Civil Lit., Jackson, MS, for Intervenor. . ...Sears moved in the alternative for remittitur on the grounds that the award exceeded both the ... and closing arguments is a matter of federal trial procedure, and is therefore subject to ..., PURSUANT TO RULE 20 OF THE MISSISSIPPI RULES OF APPELLATE PROCEDURE. TO THE SUPREME COURT OF ...

  • 17 F.3d 490 (1st Cir. 1994), 93-1646, Anthony v. G.M.D. Airline Services, Inc.

    ... verdict as excessive and remand for a remittitur of damages in an amount to be determined by the ... accident, Anthony went to see his regular federal aviation doctor, Doctor Perraud, because he felt ... had to take myself off [flight] duty by the rules and regulations of the Federal Aviation ... Wright and Miller, Federal Practice and Procedure, Sec. 2815 (1973) (same); J. Moore, Moore's ... suggested that counsel seek the aid of the Civil...

  • Point: Justice Must Satisfy the Appearance of Justice, 0113 ALBJ, 74 The Alabama Lawyer 18 (2013)

    ... as a judge on all of the United States federal appellate courts, said that the "appearance of ...The Rule was an attempt to allow the civil appellate courts to dispose of cases in a much ...\xA0\xA0\xA0\xA0\xA0The federal appellate rules are dramatically different than Alabama's ... opinion as "unpublished" or specify the procedure that a court must follow in making that ... upon plaintiffs' acceptance of a remittitur to $6 million. The highest verdict that was ...

  • 178 F.3d 414 (6th Cir. 1999), 97-3493, Skalka v. Fernald Envtl. Restoration Mgmt. Corp.

    ... court can determine an appropriate remittitur, and, in the event of Skalka's failure to remit ... this case worked at a site owned by the federal government in Hamilton County, Ohio, where ... each appellant's manager if correct procedures were followed, and did not result in overturning ... relies on the language of Federal Rule of Civil Procedure 54, which says:. . . (a) . . . " ... Appendix citations fails to comply with our rules, see   FED. R. APP. P. 28(a)(7) & (9) ...

  • 177 F.3d 19 (1st Cir. 1999), 98-1223, Smith v. Kmart Corp.

    ...After plaintiffs accepted a remittitur of one portion of the award in the amount of ...Plain error is a "rare species in civil litigation," encompassing only those errors that ..., 2 as is required by Rule 51 of the Federal Rules of Civil Procedure. 3 Therefore, we ...

  • Fall 2012 #2. Civil Costs: Adrift And Untethered From Common Law.

    ..., the increasing complexity of the civil procedure rules is. akin to an unfunded mandate for ... of powers doctrine(fn135) and, unlike federal law,. demarcation of the right to costs falls ...A remittitur was accordingly entered."). 190. See The ...

  • Are the appellate courts deviating from the "deviates materially" standard of review?

    ... review, the Second Circuit ordered a remittitur, vacating the jury verdict and granting a new ...(32) The plaintiff contended that federal appellate review under CPLR section 5501(c) ...Failure to Consistently Adhere to Accepted Rules of Review . The deviates materially standard was ...(173) The plaintiff underwent a surgical procedure, an "open reduction and internal fixation, and a ...'s Re-examination Clause insulates a civil jury's determination of questions of fact from a ...

  • 322 F.3d 1 (1st Cir. 2003), 01-1862, Davignon v. Clemmey

    ... battery, and various violations of their civil rights. In turn, Davignon and Kelley cross-appeal ... partial judgment as final, pursuant to Federal Rule of Civil Procedure 54(b), and the Clemmeys ... as a matter of law, new trial, and remittitur. The Clemmeys did not file their post-trial ..., "proper interpretation of the Federal Rules of Evidence [presents] a question of law and is ...

  • 324 U.S. 548 (1945), 510, Market Street Railway Co. v. Railroad Commission

    ..., under the Fourteenth Amendment of the Federal Constitution, not a deprivation of property ...However the California Rules on Appeal expressly provide that a decision of ... expiration of said 30-day period." 1 Remittitur does not issue until the end of the 30-day ... denials of due process in matters of procedure in that it had no adequate notice that its rates ... becomes final as to that court, 30 days in civil cases and 15 days in criminal cases after filing, ...