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Full-Text Articles in Law
Summary Of Fulbrook V. Allstate Ins. Co., 131 Nev. Adv. Op. 33 (Jun. 4, 2015), Walter Fick
Summary Of Fulbrook V. Allstate Ins. Co., 131 Nev. Adv. Op. 33 (Jun. 4, 2015), Walter Fick
Nevada Supreme Court Summaries
The Court held that appellant’s counsel’s “technical difficulties,” with regard to e-mails and case files, was an insufficient basis on which to recall remittitur, because the technical difficulties were unrelated to Nevada’s electronic filing system, which exclusively provides required notifications to counsel.
Remittiturs (And Additurs) In The Federal Courts: An Evaluation With Suggested Alternatives, Irene D. Johnson
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
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.
Riley V. Superior Court Of Los Angeles County, Jesse W. Carter
Riley V. Superior Court Of Los Angeles County, Jesse W. Carter
Jesse Carter Opinions
An administratrix's argument that because a guardianship had terminated, the guardian had no capacity to act for the estate, was without merit because the guardianship did not terminate until the judgment of the district court became final.
People V. Randazzo [Dissent], Jesse W. Carter
People V. Randazzo [Dissent], Jesse W. Carter
Jesse Carter Opinions
Defendant's complaint that erroneous instructions were given did not authorize the recall of remittitur, for it was a complaint of an error of law only, and remittitur could not be recalled to correct judicial error or mistake of law.
Hall V. Superior Court Of Los Angeles County [Dissent], Jesse W. Carter
Hall V. Superior Court Of Los Angeles County [Dissent], Jesse W. Carter
Jesse Carter Opinions
A husband's request for a writ of mandamus to compel a court to fix the amount of permanent alimony he must pay to his wife, who was receiving temporary alimony, was improper and the request was denied.