Moving for a Remittitur to Reduce Jury’s Verdict

When a damages verdict comes in high for a plaintiff, it is not uncommon for a defendant to move for a remittitur for the trial judge to reduce the amount of damages arguing that the verdict is unreasonably excessive. A motion for remittitur is a motion to reduce the jury's verdict award. Florida’s Fourth District Court of Appeal in Fernalld v. ABB, Inc., 46 Fla.L.Weekly D542a (Fla. 4th DCA 2021) explained: When considering a motion for remittitur, the court must determine whether the amount of a damages award “is excessive . . . in light of the facts and circumstances which...

29 April

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A New Trial is Not Automatically Warranted when Jury Renders what a Plaintiff Perceives to be an Inadequate Jury Verdict

Posted by David Adelstein

in Appeal, Standard of Review

Juries do not always award huge jury verdicts in favor of plaintiffs in personal injury actions. Sure, sometimes they definitely do. But it is also true that sometimes they do not. Juries can find that the (i) defendant was not liable, (ii) the plaintiff was comparatively liable, or (iii) that the plaintiff's damages were relatively minor. As to the latter two points, this was the issue in Black v. Cohen, 43 Fla. L. Weekly D903e (Fla. 4th DCA 2018), involving an automobile accident, where the trial court granted plaintiff's motion for a new trial based on an inadequate jury verdict....

06 October

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The Simple, All-or-Nothing Verdict Form

Posted by David Adelstein

in Trial Perspectives

Attention should be given to the verdict form you want the jury to fill out after listening to and seeing the evidence presented in the case. This verdict form dictates how the jury decides the facts in your case in the context of the theme of your case and the jury instructions. Needless to say, the verdict form is very, very important! There are times when a party may want a simple, all-or-nothing verdict form. A party may like this (such as the plaintiff) versus a special interrogatory form that contains numerous potentially confusing questions the jury is asked to answer. For...