Remittitur Law
 
Andaloro v. Armstrong World Ind., Inc., et al.

This matter is before the Court on cross-appeals from judgments entered for the plaintiffs in five asbestos cases consolidated for trial. The respective plaintiffs, Charlotte Andaloro, James J. and Francis L. Greenhalgh, Edward C. and Doris Burkett, Ralph and Elizabeth Swan, and Harold and Marion Ruby (collectively “Plaintiffs”), assert that the trial court erred in molding the ve... More...   $0 (04-26-2002 - PA)

Stephen B. Williamson, M.D. v. Steven Craig Elrod, etc.

This is a medical-malpractice action brought by the Estate of Floy Elrod, deceased, against general surgeon Stephen B. Williamson, M.D. Floy Elrod, age sixty-six at death, was survived by her husband of forty-seven years, Tullis Elrod, and two adult sons, Steven Craig Elrod and John Stanley Elrod. At trial, the jury found that Dr. Williamson was negligent. The jury awarded Tullis Elrod $500,000 fo... More...   $0 (04-25-2002 - AR)

Earnest Stanberry, Jr. v. Escambia County Florida

Invoking nuisance, trespass and negligence theories, Ernest Stanberry’s complaint alleged, and the jury found, that Escambia County was responsible for his house’s flooding, when heavy rainfall caused a retention pond nearby to overflow. After the jury returned a verdict of $600,000 in his favor, he sought a permanent injunction requiring the County to take certain steps to prevent... More...   $255000 (04-17-2002 - FL)

Coralyn Anne Brown v. Lester E. Cox

Coralyn Anne Brown (Brown) prevailed on her claim that her former employer, Lester E. Cox Medical Centers (Cox), discriminated against her in violation of the Americans with Disabilities Act of 1990 (ADA). The district court1 denied Cox's motion for judgment as a matter of law, but granted Cox's motion for a new trial or remittitur. After Brown avoided a new trial by accepting a remittitur, th... More...   $50000 (04-17-2002 - MO)

Cindy Robinson v. State Farm Mutual Automobile Insurance Company

State Farm Mutual Automobile Insurance Company appeals the district court’s judgment entered upon a jury verdict of approximately $9.6 million dollars arising from a complaint of bad faith in the handling of a claim by its insured, Cindy Robinson. The Court issued an opinion in this case on December 28, 2000 (Robinson I). State Farm Mutual Automobile Insurance Company petitioned the Cour... More...   $0 (04-11-2002 - ID)

Linda McRae v. St. Michael's Medical Center, et al.

In this medical malpractice case, the podiatric surgeon, Dr. Thomas Vitale, appeals from the trial court's denial of his motion for a new trial and denial of his motion for remittitur of the jury award for future lost wages.See footnote 11 He also seeks a remand for an amended form of judgment limiting the date from which pre-judgment interest must be calculated in accordance with a prior order. P... More...   $1175000 (04-08-2002 - NJ)

Thomas Schmidt, et al. v. Ameritech Illinois, et al.

Thomas Schmidt, while on disability leave from Ameritech for an injury unconnected to his employment, lied to his employer at least three times about going on a fishing trip. The employer then sought to determine his whereabouts by an intense investigation which included the examination and use of his personal telephone records. After being discharged, Thomas, his wife and his wife's employer file... More...   $0 (04-05-2002 - IL)

Diane Mancini v. Township of Teaneck, et al.

Plaintiff, Diane Mancini, was the trailblazer by being the first female police officer in Teaneck. This appeal and cross- appeal arise out of her claims of sexual harassment and retaliation by the Teaneck Police Department. Plaintiff filed a sexual harassment and retaliation suit against defendants, Township of Teaneck ("Township"); the Teaneck Police Department ("Department"); Donald Gianno... More...   $625000 (04-03-2002 - NJ)

Dillard Department Stores, Inc. v. David Gonzales

David Gonzales started work at Dillard's Department Store in August 1994. Although he really wanted to work in the electronics department, he accepted a position as a commissioned salesperson in the ladies' shoe department. Gonzales's supervisor was Daniel Tellez. In the beginning, Gonzales was excited about his job, but he became uncomfortable with Tellez's behavior after a few months. Gonzal... More...   $310000 (03-27-2002 - TX)

Freddie McCollum, et al. v. Robert McDaniel, et al.

Freddie McCollum, his wife, and his daughter brought suit against the defendants under 42 U.S.C. S 1983 and state law alleging, inter alia, excessive use of force. The case proceeded to trial. The jury returned a verdict of over $4.1 million against the defendants. The district court denied the defendants' motion for a new trial, but remitted the jury's damages award, which the plaintiffs ac... More...   $1597670 (03-26-2002 - MD)

Jarrow Formulas v. LaMarche

This is an appeal and a cross-appeal from an order denying a special motion to strike under Code of Civil Procedure section 425.16. In their appeal defendants, Mark Brutzkus, an attorney, and his client, Sandra Hogan LaMarche individually and doing business as The Network, contend the trial court erred in finding a malicious prosecution complaint could not be subject to a special motion to st... More...   $0 (03-25-2002 - CA)

Joseph D. Canterino v. The Mirage Casino-Hotel

On January 29, 2001, we issued an opinion affirming in part and reversing in part a district court order granting a new trial in this personal injury action, and remanding for a new trial on the issue of damages only. We subsequently granted respondent’s petition for rehearing, and we now modify our previous opinion and remand for a new trial on the issues of both liability and damages.

Th... More...   $0 (03-19-2002 - NV)

Normil Normius v. Eckerd Corporation

Normil Normius appeals from a final judgment that granted a directed verdict as to his claim for intentional infliction of emotional distress and a directed verdict and remittitur for damages of one hundred dollars as to his claim for false imprisonment. He raises several issues in this appeal, and Eckerd raises one issue in its cross-appeal. We affirm the directed verdict on the claim for inte... More...   $110000 (03-15-2002 - FL)

Simon Property Group v. MySimon Inc.

Simon Property Group attempts to appeal from the district court's decision effectively staying the issuance of an injunction it will issue when a final judgment is entered. mySimon argues that we lack jurisdiction because the district court's decision is not an order "granting . . . or refusing" an injunction under 28 U.S.C. sec. 1292(a)(1).

Simon Property Group (SPG) is an Indianapo... More...   $0 (03-13-2002 - IN)

BROWN, P. E., INC. v. KENT

We granted certiorari to the Court of Appeals in Kent v. Brown, 248 Ga. App. 447 (545 SE2d 598) (2001) (“Kent II”), to consider whether OCGA § 13-6-111 permits an award of attorney fees and expenses of litigation for proceedings before the appellate courts of this State. We conclude that it does not, and accordingly, affirm the judgment of the Court of Appeals.

David G. Brown, P.... More...   $0 (03-11-2002 - GA)

Leslie Craine v. Trinity College

The defendant, Trinity College, appeals from the judgment of the trial court, rendered after a jury trial, in favor of the plaintiff, Leslie Craine. The plaintiff, who had been denied tenure by the defendant, brought this action claiming age discrimination in violation of both the Age Discrimination in Employment Act, 29 U.S.C. § 623, and General Statutes § 46a-60, sex discrimination in vio... More...   $0 (03-11-2002 - CT)

Telemundo Network, Inc. v. Spanish Television Services, Inc., etc.

In this action for breach of contract, both parties find fault with the trial court’s post-trial rulings. The defendant, Telemundo Network, Inc., [Telemundo] claims error in the denial of its motion for judgment in accordance with its motion for directed verdict and for new trial, while the plaintiff, Spanish Television Services, Inc., [STS] contends the trial court erred in granting a ... More...   $850000 (03-08-2002 - FL)

Gary Bristol v. Board of County Commissioners of the County of Clear Creek, et al.

This appeal involves several issues arising under the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 - 12213. Specifically, we hold, first, that in a case tried to a jury, the court decides whether the plaintiff has identified "impairments" and "major life activities" recognized under the ADA, but that the jury decides whether the plaintiff has demonstrated by a preponderance of the evi... More...   $0 (02-27-2002 - OK)

Tri-County Farmers, Inc., et al., v. Emmitt Larry and Irene Larry

The appellants are appealing a jury verdict awarding damages of $25,000 each to the appellees, Reverend Emmitt Larry and his wife, Irene Larry. The facts giving rise to these awards are as follows. On March 25, 1998, one of Tri-County Farmers, Inc.'s tanker trucks attempted to turn around in appellees' driveway and became stuck. In attempting to remove the tanker, a small amount of the truck's loa... More...   $50000 (02-06-2002 - AR)

APAC-Mississippi, Inc. v. James Lee Goodman

1. B.A.S., the general contractor for the construction of the Junction Shopping Center in Jackson, Hinds County, Mississippi, entered into a subcontract with APAC-Mississippi, Inc., for the installation of the shopping center's asphalt parking lot. APAC decided to spread hydrate lime over the soil for stabilizing purposes prior to laying the asphalt, so it contracted with Falco Lime, Inc., to deli... More...   $0 (01-31-2002 - MS)

Randall Craig Cobb, a/k/a Randall "Tex" Cobb v. Time, Inc., d/b/a Sports Illustrated

Plaintiff Randall "Tex" Cobb, a former professional boxer and character actor, sued defendant Time, Inc. d/b/a Sports Illustrated ("SI") for libel. The action arose out of an article that appeared in the October 4, 1993 edition of the publication Sports Illustrated, a prominent national sports magazine. The article, entitled "The Fix Was In," dealt with a number of professional boxing matches invo... More...   $0 (01-30-2002 - TN)

Matthew Scott, et al. v. SSM Healthcare St. Louis, et al.

Defendant SSM Healthcare St. Louis, d/b/a St. Joseph's Health Care Center in St. Charles ("Hospital") appeals from the judgment in the action of plaintiffs Matthew Scott and his mother, Josephine Scott, against Hospital for medical malpractice. Plaintiffs' claims against Hospital asserted vicarious liability based on the conduct of one of its employees, Dr. Aziz Doumit, and the conduct of Dr. Rich... More...   $4445000 (01-29-2002 - MO)

Timothy L. Moysis v. DTG Datanet, Inc.

DTG Datanet (Datanet) appeals from a judgment of the district court1 entered upon a jury verdict in favor of Timothy Moysis on his federal claim under the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101-213, and his state claim of intentional infliction of emotional distress. On appeal, Datanet challenges the district court's denial of its motion for judgment as a matter of law (JAML)... More...   $0 (01-29-2002 - SD)

Bennie Whitehead v. Food Max of Mississippi, Inc., et al.

Paul S. Minor appeals an order imposing sanctions for his execution of a judgment at a Kmart retail store. Concluding that the trial court erred in its interpretation and application of Rule 62(f) of the Federal Rules of Civil Procedure, we reverse.

Background

A woman and her daughter were abducted from Kmart's parking lot. The offenders raped the victim while holding her child at knife-poin... More...   $0 (01-11-2002 - MS)

Mark A. Schaefer v. Spider Staging Corporation

These four consolidated appeals arose out of an accident in which roofers Mark Schaefer and Wayne Rothgeb, employees of Schaefer and Sons Roofing, Inc. (“Schaefer Roofing”), were injured when a scaffolding platform rented from Spider Staging Corporation (“Spider Staging”) collapsed. Rothgeb fell twenty-five feet before safety equipment stopped his fall. Schaefer fell fo... More...   $0 (01-07-2002 - MO)

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AK Morlan
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