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Glossary
Damages and Valuation
Damages Doctrines terms within damages and valuation.
damages-and-valuation
Additur conditionally increases an inadequate verdict, offering the defendant the increase or a new trial.
Anchoring is the tactic of suggesting a specific damages figure early to influence the range within which the factfinder ultimately decides.
The collateral source rule bars reducing a plaintiff's damages by payments received from independent sources such as health insurance, though many states...
Disgorgement requires a defendant to surrender profits obtained through wrongful conduct.
Fee shifting requires one party to pay another's attorney fees, departing from the American Rule.
A golden rule argument asks jurors to place themselves in the plaintiff's position, which is improper in most jurisdictions.
A per diem argument asks the jury to value pain and suffering at a daily rate multiplied across the claimant's remaining life.
Post-judgment interest accrues on a judgment from entry until payment.
Prejudgment interest compensates for the delay between accrual of a claim and entry of judgment.
A preliminary injunction preserves the status quo during litigation pending final resolution.
Remittitur is a court-ordered reduction of an excessive jury verdict, typically offered to the plaintiff as an alternative to a new trial.
Reptile theory is a plaintiff trial strategy that frames a defendant's conduct as a threat to community safety in order to motivate larger jury awards.
Setoff is the reduction of a judgment by amounts already paid to the plaintiff, most often settlements with other defendants.
Settlement credit reduces a judgment against a non-settling defendant by amounts other defendants paid.
A temporary restraining order provides immediate short-term relief pending a preliminary injunction hearing.
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