Remittitur Law
 
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)

Haggar Clothing Company a/k/a Haggar Apparel Company v. Altagracia Hernandez

Appellant, Haggar Clothing Company a/k/a Haggar Apparel Company ("Haggar"), appeals a jury verdict finding that it discharged appellee, Altagracia Hernandez, in retaliation for filing a worker's compensation claim. See Tex. Lab. Code Ann. § 451.001 (Vernon 1996). In seven issues, Haggar challenges the legal and factual sufficiency of the evidence supporting the jury's findings of: (1) retaliati

More...   $1400000 (08-21-2003 - TX)

Republic Services of Florida, L.P., f/k/a Southland Waste Systems of Jax, Inc. v. Judith Poucher

Republic Services of South Florida, L.P. (Republic Services), the defendant in the lower tribunal, 1 appeals an order granting in part a motion for additur filed by the appellee/plaintiff, Judith Poucher. Republic Services contends that the trial court erred as a matter of law in finding the jury's verdict inconsistent; and in granting the motion for additur in the amount of $20,000.00 for

More...   $4960 (08-12-2003 - FL)

Madonna J. Williams v. Arthur S. Daus, M.D.

Dr. Arthur S. Daus ("Appellant") appeals from a jury verdict against him based on medical negligence related to two surgeries performed on Madonna J. Williams ("Respondent"). Appellant asserts five points of trial court error. The first three points essentially claim that Respondent failed to make a submissible case on some of the categories of damages awarded to Respondent. In Point IV, Appellant

More...   $1000000 (07-30-2003 - MO)

Gloria Brodsky, et al. v. Grinnell Haulers, Inc. and John Bennett

This appeal requires us to decide whether an ultimate outcome charge should be given in a civil trial where the plaintiffs were not negligent and the jury's task was to allocate causative fault among joint tortfeasors.See footnote 11 The trial judge instructed the jury that plaintiffs may recover the full amount of their damages from any defendant found to be sixty percent or more responsible f

More...   $1640000 (07-24-2003 - NJ)

Equal Employment Opportunity Commission v. Kohler Company

The Equal Employment Opportunity Commission ("EEOC") brought this action against Kohler Company based upon former employee John Reynolds's claim that race discrimination motivated Kohler to fire him after a company-policy violation 1 Reynolds worked at Kohler's Searcy, Arkansas, plant, doing business under the name Sterling Plumbing Group. The EEOC filed claims for discrimination and reta

More...   $0 (07-14-2003 - AR)

Janet Bogle, et al. v. William McClure, et al.

This case involves claims of race discrimination at the Atlanta-Fulton Public Library System (AFPLS) brought by Appellees, seven Caucasian female librarians, against Appellants, members of the AFPLS Board of Trustees and the Director of the AFPLS. Appellees (the Librarians) claim Appellants transferred them from their jobs at Central Library to dead-end jobs at branch libraries because of

More...   $17000000 (06-12-2003 - GA)

Westtex 66 Pipeline Company v. Maylee O. Baltzell, et al.

The Jenkses owned a 735-acre tract of land in Brazoria County. The land had been owned by the Jenks family since 1906 and was used for agricultural purposes. WesTTex desired to construct a 12-inch oil and gas pipeline on the Jenkses' property. After it could not reach an agreement with the Jenkses, WesTTex petitioned the county court to condemn a 50-foot-wide strip of land on the property for t

More...   $5244 (05-23-2003 - TX)

Liggett Group, Inc., et al. v. Howard A. Engle, M.D., et al.

This is an appeal from a final judgment in a smokers' class action law suit seeking damages against cigarette companies and industry organizations for alleged smoking related injuries. The final judgment awarded $12.7 million in compensatory damages to three individual plaintiffs, and $145 billion in punitive damages to the entire class. We reverse with instructions that the class be decer

More...   $0 (05-21-2003 - FL)

Swift, Currie, McGhee & Hiers, et al. v. Henry, et al.

Pursuant to our grant of certiorari to the Court of Appeals in Henry v. Swift, Currie, McGhee & Hiers, 254 Ga. App. 817 (563 SE2d 899) (2002), we are called upon to resolve a question of first impression in this state: Who owns the documents in a legal file, the attorney or the client?

J. Hue Henry, an attorney, represented a client in a Gwinnett County case against Quorum Health Resource

More...   $0 (05-19-2003 - GA)

Curtis D. Bennett v. Emerson Electric Company

Plaintiff Curtis Bennett filed suit against his former employer, defendant Emerson Electric Company, alleging various federal and state claims, including breach of implied contract of employment. Bennett prevailed on his breach of contract claim at trial, and the district court subsequently denied Emerson's post-trial motion for judgment as a matter of law, for new trial, or for remittitur. Eme

More...   $679667 (05-19-2003 - KS)

Francisco DiMartino v. Mark Richens, et al.

The defendants, Mark Richens, Kenneth J. Robert, Robert Carterud and the department of transportation of the state of Connecticut (department), appeal1 from the judgment of the trial court rendered for the plaintiff, Francisco DiMartino, on: (1) a jury verdict in favor of the plaintiff for the alleged violation of 42 U.S.C. § 1983,2 concerning his rights to freedom of speech and equal pr

More...   $300000 (05-19-2003 - CT)

Colin M. Gourley, et al. v. Nebraska Methodist Health System, Inc., et al.

Neb. Rev. Stat. § 44-2825(1) (Reissue 1998) of the Nebraska Hospital-Medical Liability Act limits recoverable damages in medical malpractice actions to $1,250,000. The district court determined that the damages limitation was unconstitutional because it denied the appellees Colin M. Gourley and his parents, Michael J. Gourley and Lisa A. Gourley, equal protection of the law and a right to a jur

More...   $1250000 (05-16-2003 - NE)

Ricardo Acevedo and Janet Acevedo v. Josephine Stiles

Josephine Stiles is an elderly stroke victim who needed assistance caring for herself andher house. She sought Ricardo Acevedo's legal services to transfer title to her home to a healthcare worker in exchange for services. Instead of the transfer Stiles planned, Acevedo had Stiles sign a power of attorney; and title to Stiles' home was transferred to Ricardo's wife and legal assistant, Janet Ac

More...   $40000 (05-09-2003 - TX)

Advocat, Inc., et al. v. Lon C. Sauer, individually, and as Administrator of the Estate of Margaretha Sauer, etc.

On July 19, 1998, Margaretha Sauer died at the Mena Medical Center following a five and one-half year stay at Rich Mountain. She was 93 years old. Mrs. Sauer's discharge summary revealed that the cause of her death was severe electrolyte abnormalities, with contributing factors of "Alzheimer's type, dementia[,]" and protein calorie malnutrition.

The events leading up to Mrs. Sauer's death

More...   $26000000 (05-02-2003 - AR)

Betty Salazar v. American Sterilizer Company

Further, we do not view this statement as a binding judicial admission that plaintiff knew of her claim in April 1993 for purposes of a motion for directed verdict. As the preceding discussion indicates, the evidence must be viewed in the light most favorable to plaintiff. Plaintiff's allegation is not an unequivocal statement that she knew the nature and extent of her injury, and that the i

More...   $0 (03-16-2000 - CO)

First State Bank of St. Charles, Missouri v. Frankel

Irwin James Frankel (Frankel) and Karen Frankel (collectively the Frankels) appeal from a trial court judgment entered after a jury trial against the Frankels and in favor of First State Bank of St. Charles, Missouri (the Bank) in the amount of $303,058 for damages and attorney's fees for breach of a guaranty agreement. We affirm.

Factual and Procedural Background

Construction Network,

More...   $303058 (10-01-2002 - MO)

Scott Teamann v. David J. Zafris, et al.

Walter Baker (Baker), as Administrator of the Estate of his deceased son, Shawnn Baker, appeals from an order of the Court of Common Pleas of Allegheny County (trial court) dismissing his claims against the Pennsylvania Turnpike Commission (Turnpike Commission) and against the Lane Construction Company, Inc. (Lane Construction) based on the statute of limitations and remitting part of the verdi

More...   $0 (11-06-2002 - PA)

Dardinger v. Anthem Blue Cross & Blue Shield

The plaintiff-appellant in this case is Robert Dardinger, executor of the estate of his wife, Esther Dardinger. There are two defendants-appellees. The first is Community Insurance Company, an Ohio corporation that does business under the trade name Anthem Blue Cross and Blue Shield ("Anthem"). Anthem is a wholly owned subsidiary of the second defendant-appellee, Anthem Insurance Companies,

More...   $41000000 (03-25-2003 - OH)

Taylor v. Winsted Memorial Hospital

The named defendant,1 Winsted Memorial Hospital (hospital), appeals from the judgment of the trial court denying the hospital's postverdict motions to set aside the jury's verdict in favor of the named plaintiff, William Taylor. The hospital claims that the trial court improperly concluded that General Statutes § 52-5843 does not impose on a plaintiff a duty to investigate a potential cla

More...   $0 (03-18-2003 - CT)

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