Remittitur Law
 
Frazier Caudle v. District of Columbia

Appellees Frazier Caudle, Nikeith Goins, William James, Sholanda Miller and Donald Smalls (collectively, appellees) sued the District of Columbia (District), their employer, for retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. (Title VII). During closing argument, their counsel made four inappropriate statements—the last three of which occurred after the

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Martina A. Silas v. James Ellis Arden

James Ellis Arden (Arden) appeals judgment in favor of Martina Silas (Silas) in Silas‘s action against Arden for malicious prosecution of a malpractice action against her. Silas represented Ross Gunnell (Gunnell) in a personal injury action resulting in a jury award that was later overturned on the grounds that worker‘s compensation was the exclusive remedy. Gunnell filed a malpractice action

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Richard Turkanis v. Joan M. Price

This is the third appeal we consider in this marital dissolution action between Richard Turkanis and Joan M. Price. In the first appeal, we considered the trial court‟s order after the first of two phases of trial. The purpose of this first phase of trial was to set the value at the date of marriage of a closely held corporation (Radman) formed by Turkanis prior to marriage (the valuation trial)

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Fairways Offshore Exploration, Inc. v. Patterson Services, Inc.

Appellant, Fairways Offshore Exploration, Inc. (“Fairways”), challenges the trial court’s judgment, entered after a jury trial, in favor of appellees, Patterson Services, Inc. (“Patterson”) and Cudd Pressure Control, Inc. (“Cudd”), in Patterson and Cudd’s suit against Fairways for negligence and breach of contract. In five issues, Fairways contends that Patterson did not properly p

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Crosstex DC v. Terry Titus Button

Appellant Crosstex DC Gathering Company, J.V. condemned a portion of land owned by Terry Titus Button and Ossie A. Button for purposes of a pipeline easement.[2] The Buttons objected to the commissioner’s award, and the issue of damages resulting from the easement was tried to a jury. Crosstex now appeals from the part of the trial court’s judgment in condemnation awarding the Buttons $794,7

More...   $794789 (01-26-2013 - TX)

Susanne Whatley-Miller v. Collin Cooper

Thomas Miller died on December 8, 2006. On February 22, 2008, his widow, Susanne Whatley-Miller, and his two daughters, Holly Elizabeth Miller and April Ann Miller (collectively, plaintiffs), filed a complaint for medical negligence and wrongful death against Michael A. Stark, M.D., Collin Cooper, M.D., and Verdugo Hills Hospital. Plaintiffs dismissed the hospital defendant with prejudice prior to

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Lauren Cima v. Eric Sciaretta

In this personal injury action arising out of a motor vehicle accident, the defendant Nicholas Sciaretta, Jr.,1 appeals from the judgment of the trial court rendered in accordance with a jury’s verdict in favor of the plaintiff, Lauren Cima, in the amount of $11,058.56 in economic damages and $245,000 in noneconomic damages.2 The defendant claims that the court improperly (1) admitted certain ev

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Allseas USA, Inc. v. PS Fabricators, L.L.C.

In this breach of contract case involving the construction and testing of underwater oil and gas pipeline equipment, appellant Allseas USA, Inc. challenges the jury's verdict in favor of appellee PS Fabricators, L.L.C. f/k/a PS Fabricators & Constructors, L.L.C. (PSF). By three issues, Allseas argues that: (1) the evidence was factually insufficient to support the jury's apparent finding that Alls

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Clive Cussler v. Crusader Entertainment, LLC

Defendant Crusader Entertainment, LLC, now known as Bristol Bay Productions (Crusader) and plaintiffs Clive Cussler and his affiliated entities (Cussler)1 each appeal a postjudgment order. There are three main issues on appeal. The first is whether the trial court abused its discretion by finding there was no prevailing party for purposes of awarding attorney fees. The second is whether the trial

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Geico Indemnity Company v. Pollie DeGrandchamp

A jury awarded damages to Appellee Pollie DeGrandchamp for injuries she suffered when her car was struck from behind by another car. Appellant, GEICO Indemnity Company, which provided uninsured/underinsured motorists' coverage to DeGrandchamp, raises three issues in this appeal from the judgment entered against it and in favor of DeGrandchamp; however, we find merit only in GEICO's argument that t

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Anthony Zeno v. Pine Plains Central School District

During his freshman year of high school, plaintiff-appellee Anthony Zeno ("Anthony") transferred to Stissing Mountain High School ("SMHS") in Pine Plains, New York. SMHS was a part of defendant-appellant Pine Plains Central School District (the "District"). His fellow students harassed him for the next three-and-a-half years. He brought this action below, contending that the District was deliberat

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Henry Barabin v. AstenJohnson, Inc.

AstenJohnson, Inc. (AstenJohnson) and Scapa Dryer Fabrics, Inc. (Scapa), appeal the district court’s entry of judgment in favor of Henry and Geraldine Barabin following a jury trial resolving Henry Barabin’s claim that his mesothelioma was caused by occupational exposure to asbestos. AstenJohnson and Scapa manufactured dryer felts that contained asbestos and that were installed on paper machin

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Candy Guajardo v. GC Services, L.P.

Candy Guajardo owed GC Services, LP’s (“GC”) $400.45 for an unpaid Sprint telephone bill. Guajardo alleged that when GC attempted to collect payment, GC mailed letters to her home address and made threatening and harassing telephone calls to her at work in an effort to collect the debt. Id. Guajardo filed suit against GC, alleging violations of the Fair Debt Collection Practices Act (the “

More...   $0 (11-08-2012 - TX)

Lawrence Trainor v. HEI Hospitality, LLC

A time worn proverb teaches that "Hell hath no fury like a woman scorned." Much the same dynamic can be in play when, as in this case, a corporation abruptly cashiers a member of senior management who believes that he deserves better.

In this instance the denouement prompted a suit for age discrimination and retaliation. After a protracted trial, the jury found the employer guilty

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Amy C. Miller v. Carolyn N. Johnson, M.D.

Amy C. Miller sued her doctor, who mistakenly removed her left ovary during a laparoscopic surgery intended to take the right ovary, and a jury awarded her $759,679.74 in damages. But the district court reduced that amount by $425,000 because of a state law limiting noneconomic damages in personal injury lawsuits and a posttrial ruling finding her evidence of future medical expenses insufficient.

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Byer Custom Builders v. Steve and Robinson Franks

Byer Custom Builders appeals from a final judgment confirming an arbitrator’s award favoring Steven and Robin Franks. The Franks had sued Byer and numerous other defendants involved in the construction of the Franks’ residence, alleging defects. In a single issue, Byer contends that the trial court erred in entering final judgment before determining and crediting sums the Franks may obtain or

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Jane Rivera a/d/a Jane Clayton v. Arthur Rivera

Jane Rivera a/k/a Jane Clayton files this restricted appeal challenging the trial court’s order granting a petition for enforcement with regard to a final divorce decree. Jane contends: (1) the trial court lacked plenary power to enter the order; and (2) the order included an award for unliquidated damages in the absence of any evidence to support the award. Arthur responded to Jane’s second i

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James Edward Payne v. Officer Brandon Jones

17 Defendant Brandon Jones, a former officer in the Utica Police Department, appeals from
18 the judgment of the United States District Court for the Northern District of New York (Hurd,
19 J.), entered pursuant to a jury verdict, awarding compensatory and punitive damages to Plaintiff
20 James Edward Payne on his claims against Jones of excessive force and battery. Jones contends

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Ruby Saunders v. Willis Dickens, M.D.

On consideration of appellant’s motion for rehearing, we withdraw the previous opinion and substitute the following.1 In this medical malpractice action, appellant Ruby Saunders, individually and as personal representative of the Estate of Walter Saunders, timely appeals a final judgment entered on a defense verdict in favor of appellee, Willis Dickens, M.D. (“Dr. Dickens”). Appellant also a

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Deborah Watts v. Lester E. Cox Mesical Center d/b/a Family Medical Care Center

Deborah Watts filed the underlying medical malpractice action alleging that her son, Naython Watts, was born with disabling brain injuries because Cox Medical Centers and its associated physicians (collectively, Cox) provided negligent health care services. The jury returned a verdict in favor of Watts and awarded $1.45 million in non-economic damages and $3.371 million in future medical damages.

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Philip Morris USA, Inc. v. Robin Cohen

In this Engle1-progeny case, Philip Morris USA, Inc. (“PM USA”) and R.J. Reynolds Tobacco Company (“RJR”), appeal final judgments following jury verdicts, awarding R o b i n Cohen, as personal representative of the estate of her late-husband Nathan Cohen, $10 million in non-economic compensatory damages and $10 million in punitive damages, from each appellant. The jury found each party one

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Mount Sinai Medical Center of Greater Miami, Inc. v. Rosalia Gonzalez

Rosalia Gonzalez sued Mount Sinai hospital for the wrongful death of her husband, Antonio Gonzalez. She claimed that, as she and her husband descended steps at Mount Sinai’s main bus stop, he fell and broke his hip, as a result of which he passed away a few weeks later. The jury returned a large verdict for the plaintiff, upon which judgment was entered after it was reduced by an uncontested rem

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Capitol Records, Inc. v. Jammie Thomas-Rasset

This appeal arises from a dispute between several recording companies and Jammie Thomas-Rasset. There is a complicated procedural history involving three jury trials, but for purposes of appeal, it is undisputed that Thomas-Rasset willfully infringed copyrights of twenty-four sound recordings by engaging in file-sharing on the Internet. After a first jury found Thomas-Rasset liable and awarded dam

More...   $0 (09-11-2012 - MN)

David Plotnik v. John Meihaus, Jr.

Plaintiffs David and Joyce Plotnik sued their neighbor, defendant John Meihaus, Jr. (Meihaus), and two of his sons, defendants Greg Meihaus and John Meihaus III, alleging both contract and tort claims. In part, plaintiffs sought recovery for the emotional distress they suffered when Meihaus injured their dog. The superior court entered a judgment on jury verdicts that awarded David Plotnik over $1

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Spencer Ondirsek v. Bernie Hoffman

Bernie Lazar Hoffman, better known as Tony Alamo, appeals a jury verdict finding him liable for battery, outrage, and conspiracy. He also appeals the district court’s denial of his motion for remittitur. Having jurisdiction under 28 U.S.C. § 1291, this court affirms in part and reverses in part.

I.

Alamo was the leader of a religious group, Tony Alamo Christian Ministries (TACM).

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AK Morlan
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