A verdict may be challenged as excessive where it shocks the conscience, is not supported by the evidence, or reflects passion or prejudice. Remedies include remittitur, a new trial, or reduction under a statutory cap.
Standards for excessiveness vary substantially.
Alternative Names:
Excessive Damages, Verdict Excessiveness
Why it Matters?
Remittitur offers the plaintiff a reduced amount with a new trial if refused, which is the usual remedy where the verdict is excessive but liability is sound. The Seventh Amendment prohibits additur in federal court while permitting remittitur, an asymmetry that favors defendants. Preserving the challenge requires a post-trial motion, since excessiveness generally cannot be raised for the first time on appeal.
Frequently Confused with
Related terms
Frequently asked questions
What is remittitur?
Is additur available federally?
