Additur permits a court to condition denial of a new trial on the defendant accepting an increased award. The Supreme Court held additur unconstitutional in federal court under the Seventh Amendment.
Several states permit it.
Alternative Names:
Additur Practice, Increase of Verdict
Why it Matters?
The federal prohibition creates an asymmetry favoring defendants, since remittitur is available to reduce excessive verdicts while additur cannot increase inadequate ones. A plaintiff dissatisfied with a low federal verdict must seek a new trial rather than an increase. In state courts permitting additur the asymmetry disappears, which is worth knowing when evaluating forum and post-trial options.
Frequently Confused with
Related terms
Frequently asked questions
Is additur available in federal court?
What does the asymmetry mean?
