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<i>He, Cuevas,</i> and the Law of Remittitur in New Jersey

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.

11 minute read March 01, 2017 at 02:08 AM
By
Robert E. Spitzer
<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.

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