Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
<i>He, Cuevas,</i> and the Law of Remittitur in New Jersey
It is well accepted and recognized by New Jersey's courts that compensatory damages should encompass no more than the amount that will make a plaintiff whole, which is the actual loss. Fair compensatory damages should neither reward a plaintiff nor punish a defendant, but should be commensurate with a plaintiff's loss. Caldwell v. Hayes, 136 N.J. 422, 433 (1994). Despite the established purpose of a compensatory damage award, there are occasions when a verdict is so excessive it could only have been arrived at in an effort to punish, rather than to compensate. In those instances of a “runaway” jury award, there are two generally recognized forms of relief available to address the excessive verdict: a new trial as to damages only, or remittitur.
Remittitur is designed to bring excessive damages awarded by a jury to the level the court knows is within the limits of a proper verdict, thereby avoiding the necessity of a new trial. Fertile v. St. Michael's Medical Center, 169 N.J. 481, 491 (2001). A trial court is permitted to order a remittitur when it determines that a jury's award is disproportionate to the injuries and the award rises to the level of shocking the court's conscience. Hinojo v. New Jersey Manufacturers Insurance Co., 353 N.J. Super. 261, 277 (App. Div. 2002). A jury's verdict may be reduced when the trial court determines that the verdict is “wide of the mark.” Johnson v. Scaccetti, 192 N.J. 256, 281 (2007). “The goal is not for the judge to substitute his or her judgment for that of the jury, but to correct the jury's clear error or mistake.” Baxter v. Fairmont Food Company, 74 N.J. 588, 597 (1977). Moreover, a jury's damages verdict is not sacrosanct and can be reduced when affirming the award would arise to a miscarriage of justice. Id.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
One Overlooked Element of Executive Safety: Data Privacy
Executives have access to some of the company's most sensitive information, and they're increasingly being targeted by hackers looking to steal company secrets or to perpetrate cybercrimes.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?