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: How Appealing

If a district court incorrectly instructs the jury on how to calculate damages, and the jury compounds the error by returning a verdict for a larger amount of damages than the erroneous instruction would permit, what is a federal appellate court to do?

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If a district court incorrectly instructs the jury on how to calculate damages, and the jury compounds the error by returning a verdict for a larger amount of damages than the erroneous instruction would permit, what is a federal appellate court to do? Today, a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit addresses whether the correct remedy is a remittitur, thereby reducing the damages down to the maximum amount that could have been awarded under the erroneous but unobjected-to instruction, or a new trial with a proper instruction on calculating damages.

The court's opinion, written by Circuit Judge Ed Carnes, holds that a new trial is necessary. In the course of reaching that conclusion, he has the pleasure of considering whether to apply the legal doctrine "known by the delightful title of the 'tipsy coachman.'"

Full post as published by How Appealing on January 28, 2008 (boomark / email).

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