Decision Analysis on Whether to Accept a Remittitur

Kadane Joseph B.
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Kadane Joseph B.: Department of Statistics, Carnegie Mellon University

Review of Law & Economics, 2009, vol. 5, issue 1, 717-722

Abstract: This paper examines the decision faced by a plaintiff who has successfully established liability, but the judge has reduced the jury's award under a procedure known as a remittitur. The plaintiff has the choice of accepting the remittitur or having a new trial. An analysis of the rules surrounding remittiturs in US federal court shows that there is almost no advantage to choosing a new trial rather than to accept the remittitur, no matter how small the resulting award may be.

Date: 2009
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DOI: 10.2202/1555-5879.1386

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