In a federal diversity case, which remedy is available when the jury's damages are excessive and the court wants to adjust them, given constitutional concerns about additur?

• A. Additur is allowed; remittitur is not.
• B. Remittitur or a new trial are available; additur is not allowed.
• C. Only remittitur; new trial not allowed
• D. Only a new trial; remittitur not allowed

Answer: (B)

In federal diversity cases, the damages remedy must respect the jury’s role under the Seventh Amendment. When a jury’s award is excessive, the court can reduce the amount through remittitur, but it cannot increase damages by additur. The proper path is to offer remittitur (a reduced award) with the plaintiff allowed to accept or demand a new trial; if the plaintiff rejects the remittitur, a new trial on damages is held. This approach comes from the longstanding rule that a court may adjust excessive awards downward, but cannot compel or permit an increase in damages without another jury decision. So, remittitur or a new trial are available remedies, while additur is not.