Remittitur Law
 
Kenneth J. Thomas v. iStar Financial, inc.

In August 2003, iStar Financial, Inc. (“iStar”) fired Kenneth Thomas. A year and a half later, Thomas sued iStar and one of his supervisors there, Ed Baron, (collectively “defendants”) for various violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and parallel provisions of the New York City Human Rights Law (“NYCHRL”), N.Y.C. Admin.

Code § 8-1... More...
   $0 (07-22-2011 - NY)

John DiCosolo v. Janssen Pharmaceuticals, Inc.

¶ 1 Defendants, Janssen Pharmaceuticals, Inc., and ALZA Corporation, appeal from an $18 million judgment in favor of plaintiff, John DiCosolo, as administrator of the estate of Janice V. DiCosolo, deceased, for noneconomic damages entered in a wrongful death product liability case involving the Duragesic® prescription transdermal patch that they manufactured and distributed. Defendants raise sev... More...   $18000000 (07-13-2011 - IL)

Carleen Black v. Pan American Laboratories, LLC

Carleen Black sued her former employer, Pamlab, alleging various sex discrimination claims and a retaliatory termination claim under Title VII, 42 U.S.C. § 2000e et seq., and the Texas Commission on Human Rights Act (TCHRA), TEXAS LAB. CODE §§ 21.001-21.556. A jury rendered a verdict in Black’s favor and awarded her $3,450,000 in back pay and compensatory and punitive damages. Applying Title ... More...   $0 (07-11-2011 - TX)

Drury Southwest, Inc. v. Louie Ledeaux #1, Inc.

The Appellee’s motion for rehearing is granted in part and denied in part. We withdraw our opinion and judgment of April 13, 2011, and substitute this opinion and judgment.

Drury Southwest, Inc. appeals the trial court’s judgment awarding Louie Ledeaux #1, Inc. over one million dollars in damages under the Texas Deceptive Trade Practices Act (DTPA). Drury raises several issues: (1) th... More...
   $0 (07-07-2011 - TX)

Intown Lesse Associates, LLC v. Michael Keith Howard

¶1. Michael Howard and Shannon Poole were awarded a four-million-dollar jury verdict against InTown,1 an extended-stay motel, for injuries each sustained as victims of an armed robbery in the motel. Aggrieved, InTown appealed. Finding no error, this Court affirms the trial court’s judgment.

Facts

¶2. Michael Keith Howard and Shannon Poole had rented a room at InTown in June 2008,... More...
   $0 (07-06-2011 - MS)

Angel Medina v. District of Columbia

Angel Medina is a captain with the Metropolitan Police Department (―MPD‖ or ―Department‖). Medina filed a ten-count complaint in the district court charging the District of Columbia with racial and ethnic discrimination, and retaliation against him because of a series of discrimination complaints he filed against MPD. Although the jury heard five of Medina‘s claims, it found for Medina o... More...   $0 (07-01-2011 - DC)

J.E. Evans, Jr. v. Firstfleet, Inc.

FirstFleet, Inc. and Adara L. Smith (collectively, "Defendants") appeal the trial court's wrongful-death judgment in favor of James Edward Evans, Jr. ("Evans"), and Mamie Childs (collectively, "Plaintiffs"). Defendants challenge the trial court's failure to enter remittitur or grant a new trial, claiming the jury's verdict was excessive. They also challenge the trial court's exclusion of certain t... More...   $0 (06-24-2011 - MO)

Patrick E. Phillips, Jr. v. G & H Seed Co.

This is an appeal from a judgment in a civil action which cast costs against the prevailing party. The Defendants, Bayer CropScience, LP, and its employee, Michael Redlich, were ordered to pay court costs of $326,307.09, even though it garnered a favorable verdict in the court of appeals and a subsequent denial of writs by the Louisiana Supreme Court. Phillips v. G & H Seed Co., 08-934 (La.App. 3 ... More...   $0 (06-15-2011 - LA)

Lawrence Breen v. Courtney C. Gardner

¶1 Defendant Courtney Gardner appeals the district court's denial of his motion for a mistrial and his motion for a new trial in Lawrence Breen's automobile negligence case. Gardner argues that the district court erred as a matter of law in denying a mistrial after the investigating highway patrol trooper testified that his investigation involved "taking down information, the driver's license and... More...   $0 (06-07-2011 - OK)

Ernie Haire Ford, Inc. v. Benjamin Atkinson

In 2006, Benjamin Atkinson sued his former employer, Ernie Haire Ford, Inc. (EHF), for age discrimination. A jury trial resulted in a judgment for Atkinson. Atkinson was awarded $300,000 in past wages, $1,489,830.50 in future wages, $3,579,661 in past and future pain and suffering, and $500,000 in punitive damages.

EHF filed motions seeking a juror interview, new trial, and remittiturs on... More...
   $0 (06-03-2011 - FL)

Adelaide V. George d/b/a Homes by George v. Al Hoyt & Sons, Inc.

The plaintiffs, Adelaide V. George d/b/a Homes by George (Homes by George) and Rick George, appeal, and the defendant, Al Hoyt & Sons, Inc., cross-appeals, from rulings of the Trial Court (McHugh, J.). We affirm in part, vacate in part, and remand.

The record supports the following facts and procedural history. Homes by George was the developer of a residential real estate development known... More...
   $0 (06-02-2011 - NH)

Donald W. Dye v. Caterpillar, Inc.

Donald W. Dye and his wife, Valerie, (hereafter the Dyes) allege that Donald suffered from silicosis and other pulmonary diseases as a result of exposure to silica in his use of the defendants‘ defective products.1 In a prior unpublished opinion on consolidated appeals (A114948 and A116022), this court reversed orders sustaining demurrers, without leave to amend, to the Dyes‘ third and fourth ... More...   $0 (05-27-2011 - CA)

James M. Phillips v. Milt E. Erhart

This is an appeal from a judgment against landlords awarding damages resulting from injuries suffered from falling down a flight of stairs in the leased premises. The issues raised are whether there was sufficient evidence to support the jury’s finding of causation and of willful or reckless conduct by a defendant and whether the district court abused its discretion in failing to grant a new tri... More...   $0 (05-25-2011 - ID)

Condominium Services, Inc. v. First Owners' Association of Forty Six Hundred Condominium, Inc.

In this appeal, we consider whether the circuit court erred in its interpretation of a management agreement (the Management Agreement) between First Owners’ Association of Forty Six Hundred Condominium, Inc. (FOA) and Condominium Services, Inc. (CSI). We also consider whether the circuit court erred in granting summary judgment on FOA’s conversion claim, in permitting certain expert testimony ... More...   $0 (05-21-2011 - VA)

William A. Graham Company v. Thomas P. Haughey

Defendants Thomas Haughey and USI MidAtlantic, Inc. appeal a second time from a judgment entered against them in the Eastern District of Pennsylvania. (Our earlier decision, to which we will refer as Graham I, is reported at 568 F.3d 425 (3d Cir. 2009).) A jury found Haughey and USI liable for surreptitiously infringing the William A. Graham Company‘s copyrights over the course of more than a de... More...   $0 (05-16-2011 - PA)

Hannon, Inc. v. Ronny Scott, d/b/a Dollar Land

Appellant Hannon, Inc. appeals from an adverse judgment in favor of Appellee Ronny Scott, d/b/a Dollar Land. In ten issues, Hannon challenges the trial court’s findings and conclusions regarding Hannon’s breach of contract claim and Ronny’s fraud counterclaim. We will suggest a remittitur of damages, but in all other respects, we will affirm.

II. Factual and Procedural BackgroundMore...
   $0 (05-12-2011 - TX)

George Geis d/b/a Rio Architects v. Colina Del Rio, LP

Appellant George Geis d/b/a Rio Architects (“Geis”) appeals from a judgment requiring him to pay appellee Colina Del Rio, LP (“Colina”) $881,958.00 in damages plus interest, attorney’s fees, and costs in a suit involving an architectural contract. Colina sued Geis for rescission of the contract, claiming the contract was unlawful because Rio Architects failed to employ or associate with ... More...   $0 (05-04-2011 - TX)

Petroleum Solutions, Inc. v. Bill Head d/b/a Bill Head Enterprises and Titeflex Corporation

This appeal pertains to a substantial leak of diesel fuel from an underground storage system located at the Silver Spur Truck Stop in Pharr, Texas. By thirteen issues, appellant, Petroleum Solutions, Inc. (“PSI”), challenges the jury’s verdict in favor of appellees, Bill Head d/b/a Bill Head Enterprises (“Head”) and Titeflex, Inc., and sanctions issued by the trial court, which included... More...   $0 (04-29-2011 - TX)

Mark Hess v. Canberra Development Company, L.C.

¶1 In 2004, Appellees, Mark and Marilyn Hess (collectively, the “Hesses”) purchased an undeveloped lot of land from Canberra Development Company, LC (“Canberra”), located in a subdivision owned and developed by Canberra. After constructing a home on the lot and moving into it, the Hesses began to notice several structural problems, including large cracks in the home’s floor. A short tim... More...   $330057 (04-26-2011 - UT)

William Cameron and Alaska Airlines, Inc. v. Deborah Chang-Craft

An employee filed suit against her employer for wrongful termination after her union refused to take her grievance to arbitration under the applicable collective bargaining agreement. Relevant federal law required the employee to prove as part of her wrongful termination claim that her union had breached its duty of fair representation when handling her grievance.1 During trial the employer twice ... More...   $0 (04-15-2011 - AK)

Kimberly Sykes Tevya v. Derrick Anderson

Plaintiffs Kimberly Sykes and Tevya Grace Urquhart were wrongly convicted of larceny by conversion and false report of a felony. After the Michigan Court of Appeals overturned their convictions, the plaintiffs sued Derrick Anderson and Carol Nichols for false imprisonment, malicious prosecution, and denial of due process. The jury found the defendants liable, a finding that we affirmed on appeal. ... More...   $0 (04-12-2011 - MI)

E. James Spahr v. Ferber Resorts, L.L.C. d/b/a Rodeway Inn & Suites

Defendant-Appellant Ferber Resorts, LLC (“Ferber Resorts”) appeals from a judgment on a jury verdict awarding $393,001.45 to Plaintiff-Appellee James Spahr on his negligence claim and $42,498.55 to Plaintiff-Appellee Colleen Spahr, his wife, for loss of consortium. After trial, Ferber Resorts unsuccessfully moved for judgment as a matter of law or, in the alternative, a new trial or remittitur... More...   $0 (03-23-2011 - UT)

Patricia Parrish v. City of Orlando

Patricia Parrish appeals the denial of her motion for additur and/or a new trial following a jury verdict in her personal injury action against the City of Orlando, Florida.

The jury awarded Parrish substantial past and future economic damages, but no past or future noneconomic damages. Based on the evidence presented, Ms. Parrish contends that the verdict was either inadequate or against t... More...
   $0 (02-11-2011 - FL)

City of San Antonio v. David Ash

This is an appeal from a jury verdict in favor of appellee, David Ash, who sustained injuries when his car collided with a City of San Antonio street sweeper operated by a City employee. We suggest a remittitur of damages awarded for future physical pain, mental anguish, physical impairment, and medical care expenses, and a commensurate amount in prejudgment interest. We affirm in all other resp... More...   $0 (02-09-2011 - TX)

Sandy Roe v. Willard O. Elyea amd Michael Puisis

Edward Roe, Anthony Stasiak, Timothy Stephen and Jonathan Walker are current and former inmates of the Illinois Department of Corrections (“IDOC”) who were diagnosed with hepatitis C during or prior to their time in IDOC custody. After unsuccessful attempts to obtain certain medical services for their disease while incarcerated, they brought this action against Dr. Willard Elyea, the former Me... More...   $0 (01-28-2011 - IL)

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