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What is remittitur?

 

A: You took your case to trial. The jury awarded you an astounding amount of money. Way more than you or your attorney requested. You are very pleased. Your attorney is very happy.

However, your lawyer knows what’s coming next.

First, the defense will ask the trial judge to reduce or throw out the award since the award is not based on a reasonable interpretation of the facts and evidence. If the judge decides to lower the amount of the award, that is known as a remittitur.

If the judge decides not to interfere with the jury’s award, the defense will appeal the case to the Appellate Division of the State of New York. There, a panel of five judges will determine, based on the law, whether the jury award shocks the conscience of the court and is inconsistent with other similar cases and injuries.

If the Appellate court decides to reduce the jury award, that is again known as a remittitur.