Nigon, L. v. Jewell, B.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding it appropriate for judge to order retrial on some but not all issues, even when issues are related
• upholding a district court which “simply adjusted the jury award to account for a discrete item that manifestly should have been part of the damage calculations and as to whose amount there was no dispute.”
• \Additur is a practice by which a judge offers a defendant the choice between facing a retrial and accepting a damage award higher than that determined by the jury.\
• “Under the rule of Dimick. . . federal courts are denied the same freedom to use additur that is enjoyed by many state court judges.”
• “Courts recognize an exception to Dimick where the jury has found the underlying liability and there is no genuine issue as to the correct amount of damages.”
• where jury found for plaintiff on liability and awarded damages, district court was permitted to increase award to account for hospital bill jury failed to include in its damages calculation

Source: CourtListener parenthetical corpus (CC0).