Post-Trial Matters

Question 0

Remittitur

Answer 0

A trial judge believes that a jury’s award of compensatory damages is so excessive as to shock the conscience, that the judge may order a new trial or offer the option of remittitur (alternative for plaintiff of lower amount or new trial).

Question 1

Judgment Not Withstanding the Verdict (JNOV) - Renewed judgment as a matter of law

Answer 1

Arises when a party against whom a judgment was rendered, claims that the judgment was based on a verdict that reasonable person could not have reached.
Pre-requisite - moving party must had originally sought a directed verdict at the close of all the evidence.
28 days.

Question 2

Claim Preclusion - Race Judicata

Answer 2

Once a final judgment on the merits has been rendered on a particular cause of action, the claimant is barred by Race Judicata or claim preclusion from asserting the same cause of action in a later lawsuit.

Requirements:

1. final judgment on merits; and
2. claims brought by same claimant against same defendant; and
3. same cause of action involved in later lawsuit.

Question 3

Issue Preclusion - Collateral Estoppel

Answer 3

In a previous lawsuit between the plaintiff and the defendant or their proxies, any judgment that occurs binds them in subsequent actions on different causes of action as to issues ACTUALLY LITIGATED and essential to the judgment of the first action.