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Judge: Giuliani may have defamed Georgia election workers again outside DC courthouse
(www.politico.com)
this post was submitted on 12 Dec 2023
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Question for the legally aware:
I’ve seen many cases where the court will adjust jury-awarded penalties downward. A jury might find a chemical company liable in polluting a river and award the claimants $100M, and the court will adjust it to $5M.
The justice and potential for corruption etc aside, could the judge in a case like this and given an event like this increase the amount Rudy must pay over and above the $43M or whatever it is that’s being asked? Could the court say that the impenitent and repeatedly offending nature of Rudy merits additional penalties above and beyond what was asked for in the context of this case, or like with the Trump defamation case would it need a separate trial?
In E Jean Carrolls case against Trump, after the judge awarded her $5mil, Trump walked out of the courtroom and lied to the camera, again, even having just lost on it.
The attorney filed a motion against Trump the next day asking for double damages and was promptly awarded it. $10mil total.
So yea, the judge has some discretion.
Yes, the terms are additur (adding money to the jury's award) and remittitur (taking money away from from the jury's award. It happens when the jury's award is obviously too much or not enough.
Additur is very rare. Basically requires an inconsistent verdict or a clearly wrong application of the facts by the jury, such as if the jury found the defendant solely liable for destroying the plaintiff's car and the value of the car was never disputed and accepted by everyone to be $10,000, but the jury only awards $5,000 in compensation. One reason it's so rare is because if the value of a thing is not really in dispute, usually the parties will stipulate to its value.
Remittitur is much more common. Most state courts hold that the damages awarded must have some basis in the evidence, and the figure cannot simply be pulled from thin air. Even with punitive damages, a smart plaintiff puts in some evidence of the defendant's total worth or profits.