The Treatise is based upon federal appellate court decisions from 1996
to 2008. We are currently in the process of updating the Treatise. Until
that update is complete, it is possible that certain cases cited in the
Treatise may no longer represent current law.
21.100 Damages and other relief
21.111 Excessive verdict
Giles v. General Elec. Co., 245 F.3d 474, 488 (5th
Cir. 2001), the court explained:
"There is a strong presumption in favor of affirming a
jury award of damages. The damage award may be overturned only upon a clear
showing of excessiveness . . . . However, when this court is left with the
perception that the verdict is clearly excessive, deference must be
abandoned." Eiland v. Westinghouse Elec. Corp., 58 F.3d 176, 183 (5th
Cir. 1995) (citation omitted).
Thorne v. Welk Inv., Inc., 197 F.3d 1205, 1211 (8th
Cir. 1999), the court explained:
We review the reduction of damages by a district court
for an abuse of discretion.
Kimzey v. Wal-Mart Stores, Inc., 107 F.3d
568, 576 (8th Cir. 1997); see also
Delph, 130 F.3d at
351. A verdict is not excessive unless the result is "monstrous" or
"shocking." Jenkins v. McLean Hotels, Inc., 859 F.2d 598, 600 (8th
Cir. 1988), quoting Stafford v. Neurological Medicine, Inc., 811 F.2d
470, 475 (8th Cir. 1987).
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