The Supreme Court has modified the practices of additur and remittitur, requiring both the plaintiff and defendant to consent to any judicial adjustment on a jury’s damages award.
Under the court’s revisions to remittitur and additur, a case is considered settled if both sides agree to the judge’s modified damages. If a judge finds a damages award is a miscarriage of justice, but both sides fail to agree on the judge’s proposed alterations, a new trial on damages must proceed before a jury.
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