Remittitur Law
 
Margaret Phillips, Personal Representative of the Estate of Regeana Diane Hervey, Deceased v. Mirac, Inc.

In this case, we granted leave to appeal to consider whether MCL 257.401(3), which caps the amount of a lessor's liability in motor vehicle leases of thirty days or less, violates plaintiff's rights under the Michigan Constitution to a jury trial,1 equal protection,2 or due process.3 We

1 Const 1963, art 1, § 14.

2 Const 1963, art 1, § 2.

3 Const 1963, art 1, § 17. hold that ... More...   $20000 (07-07-2004 - MI)

TWYMAN v. THE GHK CORP.

1 In this action alleging "toxic contamination" of the Plaintiffs' Twyman dairy farm by oilfield operations under the control of Appellants/Counter-Appellees, GHK Corporation (GHK) and Mobil Oil Corporation (Mobil), GHK and Mobil appeal from trial court judgment in favor of Appellees/Counter-Appellants Floyd, Joyce and Alan Twyman (hereafter collectively Twymans). Twymans counter-appeal from th... More...   $0 (06-17-2004 - OK)

Updike, Kelly and Spellacy, P.C. v. Stewart W. Beckett, Jr., et al.

These appeals arise from an action filed by the plaintiff, Updike, Kelly & Spellacy, P.C., a law firm, against the defendants,1 former airline pilots, seeking to recover legal fees incurred in representing the defendants in three cases. The plaintiff's third amended revised complaint alleged breach of contract (count one) and sought damages in quantum meruit (count two). The defendants f... More...   $0 (06-14-2004 - CT)

HECTOR MUŅIZ ET AL., v. DR. SALVADOR ROVIRA, A/K/A DR. SALVADOR ROVIRA-MARTINO

This is a diversity action, 28 U.S.C. § 1332(a), in which the real party in interest -- plaintiff-appellee Moises Muņiz Crespo -- sued Dr. Salvador Rovira-Martino (Dr. Rovira) for medical malpractice. (1) The case was tried to a jury from May 7 through May 15, 2003, culminating in a verdict for $2,000,000 in compensatory damages. After reducing the award to take into account sums paid by other ... More...   $1790000 (06-08-2004 - PR)

Thomas M. Siebel v. Carol L. Mittlesteadt, et al.

Plaintiff Thomas M. Siebel sued defendants Carol L. Mittlesteadt and E. Rick Buell, II, for malicious prosecution based on defendants' legal representation of a former employee of Siebel Systems, Inc. (SSI), where Siebel was the Chief Executive Officer (CEO). The trial court granted summary judgment to defendants on the ground that Siebel had failed to achieve a favorable termination of the... More...   $0 (05-06-2004 - CA)

John Murdock v. Joseph Croughwell, et al.

This appeal arises out of a negligence action brought by the plaintiff, John Murdock, a former officer for the Hartford police department, against the named defendant, Joseph Croughwell, the former chief of the Hartford police department, and the defendant city of Hartford (city), to recover damages for injuries sustained in an off-duty, physical altercation with a fellow police officer,... More...   $0 (04-26-2004 - CT)

Victor Hernandez v. Montville Township Board of Education

Following a one-month probationary period, Victor Hernandez was hired by the Montville Township Board of Education (Board) as a full-time night custodian at two of the township's elementary schools in January 1997. For twenty years prior to this job, Hernandez had been employed by Consolidated Edison as a custodian and later as a mechanic. During that employment, Hernandez attended OSHA seminar... More...   $194000 (03-24-2004 - NJ)

Kennth A. Castellucci v. Mark A. Battista

The defendant Mark A. Battista's appeal seeks review of a Superior Court judgment denying his motion for a new trial after he was adjudged liable for compensatory and punitive damages in this civil suit. Battista asks this Court to grant a new trial on both liability and damages based on several errors which he claims were made by the trial justice. In the alternative, he asks that the pu... More...   $400000 (03-21-2004 - RI)

Kathleen Verdicchio v. Anthony Ricca, M.D. and Hazlet Health Care

On appeal in this medical malpractice case, we revisit the thorny problem of assessing proximate cause in the context of harm generated by concurrent forces. More particularly, we are called on to apply the increased risk doctrine in a case alleging failure to diagnose cancer. On the facts before us, it is not known whether the cancer had metastasized at the time of the deviation. As a result, ... More...   $4400000 (03-16-2004 - NJ)

Hauss v. Waxman, et al.

Tanya Truman Hauss, the plaintiff in the personal injury action below, appeals the denial of her post-trial motion for additur. The defendant below, Benjamin Samuel Waxman, cross-appeals the trial court's denial of his motion for remittitur. We affirm, and write to explain our conclusion that Waxman's motion for remittitur was untimely filed because it was not served within ten days aft... More...   $0 (02-18-2004 - FL)

Dee Kotla v. The Regents of the University of California

Following a jury trial, plaintiff Dee Kotla obtained a judgment for wrongful termination against the Regents of the University of California dba the Lawrence Livermore Laboratory (the Lab). The primary issue on appeal is whether the trial court committed prejudicial error by allowing a human resources management expert to opine that certain facts in evidence were "indicators" that the Lab d... More...   $0 (01-29-2004 - CA)

Ameristar Jet Charter, Inc., and Sierra American Corporation v. Dodson International Parts, Inc.; Houston Casualty Company and Howe Associates, Inc

This appeal stems from complex commercial litigation involving an airplane that made an emergency landing near Kansas City's Downtown Airport. The parties to this appeal include the airplane's owner/operator; the company that insured the airplane; and the company that hauled the airplane after the landing. The plane's owner/operator sued the insurance company and the hauler to recover damages purp... More...   $1500000 (01-20-2004 - MO)

William Gomez v. Construction Design, Inc

William Gomez received a jury award of $3.76 million in a negligence action against Construction Design, Inc. ("CDI"). The trial court remitted that award to $2.76 million and conditionally granted CDI a new trial if Gomez declined to accept the remitted award. Gomez accepted the reduced amount, and CDI appeals. Gomez cross-appeals, claiming that the remittitur was improper. The judgment is affirm... More...   $2760000 (01-14-2004 - MO)

Home Pride Foods of Iowa, Inc. v. Lynn Martin

Home Pride Foods of Iowa (Home Pride) appeals from adverse jury verdicts and damage awards for fraud and violations of the Truth in Lending Act 15 U.S.C. §§ 1601-1649 (2001). We affirm in part, reverse in part, and remand for a new trial on the punitive damage issue.

I. Background Facts and Proceedings. A reasonable juror could find the following facts from the record: A Home Pride sa... More...   $82228 (01-07-2004 - IA)

Aerotech Resources, Inc. v. Dodson Aviation, Inc., et al.

Plaintiff Aerotech Resources, Inc. filed a diversity action against Defendants Dodson Aviation, Inc., Dodson International Parts, Inc., and Robert L. Dodson, Jr. See 28 U.S.C. § 1332. Plaintiff alleged (1) tortious interference with contract, (2) breach of fiduciary duty, (3) fraudulent promise of a future event, and (4) fraud by silence. After a two-week trial, the jury returned a verdict for ... More...   $0 (01-06-2004 - KS)

MARY M. RIEFF, Appellee, vs. JOHN E. EVANS, et al.

The defendants appeal and the plaintiff cross-appeals from a district court ruling on the plaintiff's demand for a jury trial. The district court granted a jury trial as to one issue, but denied it as to another. The defendants were granted an interlocutory appeal, and the plaintiff cross-appealed. We affirm on the defendants' appeal, reverse on the plaintiff's cross-appeal, and remand for furt... More...   $0 (12-17-2003 - IA)

Mark S. Rockefeller d/b/a Rockefeller & Associates v. John C. Grabow and Laura M. Grabow

This is an appeal after the case was remanded for the district court to determine whether a real estate developer-broker who breached his fiduciary duties to his principal should forfeit all or a portion of the development fee that the developer-broker earned before the breach. The district court awarded the developer-broker 87.5% of his development fee and attorney fees, and the landowners... More...   $0 (12-09-2003 - ID)

Mari Ann Dyet v. William Shane McKinley

This is a personal injury case arising out of an automobile collision. Mari Ann Dyet (Dyet) was a passenger in her own vehicle which was being driven by her daughter, Charlotte Hansen (Hansen). Shane McKinley (McKinley) was driving the other car involved in the collision. A jury awarded Dyet damages and both parties appeal. The primary issues on appeal are the admissibility of evidence of r... More...   $284334 (12-05-2003 - ID)

Mari Ann Dyet v. William Shane McKinley

1 This is a personal injury case arising out of an automobile collision. Mari Ann Dyet (Dyet) was a passenger in her own vehicle which was being driven by her daughter, Charlotte Hansen (Hansen). Shane McKinley (McKinley) was driving the other car involved in the collision. A jury awarded Dyet damages and both parties appeal. The primary issues on appeal are the admissibility of evidence o... More...   $400000 (12-04-2003 - ID)

Great Harbor Cay Realty and Investment Company Limited v. M. Phillip Carnes, Ann T. Carnes and T. D. Fender

This appeal arises from a jury verdict awarding three million dollars in damages against the appellant based on a severance provision in an employment contract. The trial court subsequently denied appellant's motion for new trial, motion for judgment notwithstanding the verdict, and motion for remittitur. We affirm in part and reverse in part.

Great Harbour Cay Realty and Investment,... More...   $3000000 (11-05-2003 - FL)

Biocore, Inc. and Biocore Medical Technologies, Inc. v. Hamid Khosrowshahi

These cases are cross-appeals from a decision by the District Court for the District of Kansas denying damages and post-judgment relief to all parties in this diversity suit. The cases were brought by Biocore Medical Technologies, Inc. and Biocore, Inc. (collectively, "Biocore") against Hamid Khosrowshahi ("Khosrowshahi") and by Khosrowshahi against Biocore, Manoj Jain, Biocore's founder, and R... More...   $155236 (11-05-2003 - KS)

Mark Dizdar, dba Dizdar Development and Dizdar Development, Ltd. Appellants v. Jose Moreno and Elizabeth Moreno, Appellees

Homeowners Jose and Elizabeth Moreno purchased an undeveloped lot in a subdivision. They sued the developer of the lot, Mark Dizdar d/b/a Dizdar Development ("Dizdar") and Dizdar Development, Ltd., alleging damages resulting from the incorrect location of the sewer line on their lot. A jury found in favor of the Morenos on their claims for breach of contract, negligence, deceptive trade practic... More...   $8124 (10-30-2003 - TX)

Russell Rich v. McDonald's Corporation, et al.

{1} This is an appeal by McDonald's Corporation ("McDonald's") from a jury verdict awarding Russell Rich $5,000,000 in compensatory damages on his claim of employment discrimination following trial before Visiting Judge John J. Angelotta. McDonald's claims that Rich presented insufficient proof that AIDS was a disability within the meaning of discrimination statutes; that the judge erred in not ... More...   $0 (10-10-2003 - OH)

Paul R. Bocci, Jr., etc. v. Key Pharmaceuticals, et al.

This case is before us for a third time. Defendants Key Pharmaceuticals, Inc., Schering-Plough Corporation, and Schering Corporation (collectively Key), seek a reversal of a punitive damage award entered in 1994 in favor of cross-claim plaintiff Frederick D. Edwards, M.D. (Edwards). For the reasons set forth below, we conclude that Key is entitled to a remittitur of part of the punitive damage ... More...   $4000000 (09-24-2003 - OR)

Lavern J. Chatman v. James L. Lawlor, et al.

Appellan t, Lavern Chatman, seeks reversal of the trial court's decision to hold her jointly and se verally liable fo r $1.4 million in punitive damages because of her involvement in a fraudulent conveyance. Appellant argues (1) that there was insufficient evidence of malice to permit the court to award punitive damages, and insufficien t evidence o f her net worth to support an award in t... More...   $1400000 (09-19-2003 - DC)

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