• July 15, 2009

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

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