Seven months have passed since the New Jersey Supreme Court made its unfortunate ruling in He v. Miller, affirming a trial court’s remittitur of a $1 million pain-and-suffering award to $200,000.
The decision was intellectually flawed and impractical and a disservice to the trial bar on both sides because the same flawed rationale supports the granting of an additur. As a retired, and now unfettered, judge who presided over jury trials for a decade, I can refrain from commenting no more.
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