In a federal diversity case, when the jury’s damages award is excessive but additur is prohibited, which remedies are available?

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Study for the ALA Civil Procedure and Constitutional Law Exam. Engage with challenging multiple choice questions, each with explanations. Prepare effectively for your exam today!

Multiple Choice

In a federal diversity case, when the jury’s damages award is excessive but additur is prohibited, which remedies are available?

Explanation:
When a federal jury awards damages that are excessive, the court can intervene by reducing the award through remittitur, or, if the plaintiff won’t accept the reduction, by ordering a new trial. A crucial point is that the court cannot increase damages to match the defendant’s demands—additur is not allowed in federal court because it would bypass the jury’s role in setting damages, violating the Seventh Amendment right to a jury trial. Thus, the permissible remedies are remittitur or a new trial; additur cannot be used.

When a federal jury awards damages that are excessive, the court can intervene by reducing the award through remittitur, or, if the plaintiff won’t accept the reduction, by ordering a new trial. A crucial point is that the court cannot increase damages to match the defendant’s demands—additur is not allowed in federal court because it would bypass the jury’s role in setting damages, violating the Seventh Amendment right to a jury trial. Thus, the permissible remedies are remittitur or a new trial; additur cannot be used.

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