Additur
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An additur is a legal term referring to the practice of a trial judge adding damages additional to the original amount awarded by the jury. It is not allowed in U.S. federal courts, as held by Dimick vs. Schiedt, 293 U.S. 474 (1935),[1]. Some American states, however, allow the practice, including California (See, e.g. Fisch vs. Manger, 24 N.J. 66 (N.J. 1957)). It is the opposite of remittitur, which is allowed in federal law. Although this is a rarely used procedure, it is usually granted for punitive damages when it is used in state courts.
[edit] References
- ^ "Dimick v. Schedit, 293 U.S. 474 (1935)". FindLaw. http://laws.findlaw.com/us/293/474.html. Retrieved 2009-03-17.
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