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Pace University

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Remittitur

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Full-Text Articles in Law

Remittiturs (And Additurs) In The Federal Courts: An Evaluation With Suggested Alternatives, Irene D. Johnson Jan 1988

Remittiturs (And Additurs) In The Federal Courts: An Evaluation With Suggested Alternatives, Irene D. Johnson

Elisabeth Haub School of Law Faculty Publications

The use of remittitur and additur in American jurisprudence is based upon Justice Story's "very limits of the law" in conjunction with the constraints of the seventh amendment. This author states that since additur is not presently being used as a procedural devise and remittitur is premised on the same principles, the current use of remittitur should be eliminated.


Remittitur Practice In The Federal Courts, Irene D. Johnson Jan 1976

Remittitur Practice In The Federal Courts, Irene D. Johnson

Elisabeth Haub School of Law Faculty Publications

The first section of this Note examines and evaluates the mechanics of remittitur procedure in the federal courts. The second section focuses on the major unresolved issue of remittitur procedure: whether a plaintiff who elects to remit is entitled to appellate review of the remittitur order. The final section of the Note evaluate remitting-plaintiff appeal procedures and suggest some ways in which federal remittitur procedure might be made more efficient and more responsive to policy objectives.