Additur 2025

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Although a federal court is permitted to offer remittitur (a reduction in the damages awarded by the jury) as the means by which the plaintiff can avoid a new trial, a federal court is not permitted to offer additur (an increase in the amount of damages awarded by the jury) as the means by which the defendant can avoid
Ideally, a judge only grants a motion of remittitur when they believe the amount of a jury award to be so excessive as to be a gross miscarriage of justice. Unlike additur, which is allowed only in state courts where the 7th amendment doesnt apply, a motion for remittitur is allowed in federal court cases.
While both additur and remittitur adjust jury awards, they work in opposite directions. Additur increases the damages when the award is too low, benefiting the plaintiff. Remittitur, on the other hand, reduces an excessive award, benefiting the defendant.
Schiedt that additur violates the Seventh Amendment and is not permissible in federal courts ; however, some state courts do permit additur.
Some argue that use of media during courtroom proceedings presents a mockery of the judicial system, though the issue has been contested at length. There are concerns that the presentation and consideration of evidence may be affected by the presence of cameras influencing the behavior of court participants.

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A party filing a motion for additur must prove that the amount of the jury award is grossly inadequate for the damages in the case or that there was a significant injustice. If a judge declines a plaintiffs appeal for a new trial, additur is typically a condition of the denial.

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