15 Jul 2009
Do you want $50,000 or what's behind Door #2?
In a variant of the classic game show, Let’s Make a Deal, after a jury returned a $100,000 verdict for plaintiff, Judge Ericksen gave plaintiff the choice between a reduced verdict (“remittitur”) of $50,000 or another jury trial on the issue of damages.
Plaintiff opted for “Jury #2″ and the jury came back with damages of $0.00.
Plaintiff asked for the judgment to be altered or amended to the initial $100,000 verdict, which, predictably, the Court rejected. The Court did award plaintiff nominal damages of $1.00, which would appear to trigger the prevailing party status and entitlement to an award of attorneys’ fees.
Hemmah 2d Jury Trial Zeroes Plaintiff No Amended Judgment
