What is Remittitur?
A court-ordered reduction of a jury's damages award when the judge determines the amount is excessive or not supported by the evidence.
Understanding Remittitur
After a jury verdict, the defendant may move for remittitur, arguing the award is unreasonably high. If the judge agrees, they typically offer the plaintiff a choice: accept the reduced amount or undergo a new trial on damages only. Remittitur is an important check on excessive verdicts and is more common than additur in most jurisdictions.
Examples
- 1Judge reducing $10 million pain and suffering award to $3 million
- 2Court finding jury's punitive damages award excessive and ordering reduction
- 3Plaintiff accepting reduced award rather than risking a new damages trial
Related Terms
Additur
A court-ordered increase of a jury's damages award when the judge determines the amount is inadequate and not supported by the evidence.
Verdict
The formal decision or finding made by a jury (or judge in a bench trial) on the questions of fact submitted to them during a trial.
Punitive Damages
Additional damages awarded beyond compensatory damages to punish the defendant for particularly egregious conduct and deter similar behavior in the future.
Appeal
A legal proceeding in which a higher court reviews the decision of a lower court to determine if legal errors were made that affected the outcome.
Statute of Limitations
A law that sets the maximum time after an event within which legal proceedings may be initiated. Once the statute of limitations expires, the claim is typically barred forever.
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