Kenneth J. Thomas v. Istar Financial, Inc., A Maryland Corporation and Ed

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Argued: February 24, 2009

Be fore HALL and LIVINGSTON, Circuit Judges, and BIANCO, District Judge.*fn1

Kenneth J. Thomas appeals from orders of the United States District Court for the Southern District of New York (Marrero, J.), inter alia: granting his and defendants iStar Financial, Inc. and Ed Baron’s post-trial joint submission to reduce the amount of punitive damages awarded him by the jury; and correcting a clerical error regarding the calculation of prejudgment interest. We hold that Thomas is barred from contesting the remittitur of punitive damages to which he voluntarily agreed. Additionally, we hold that the district court lacked jurisdiction to correct its clerical mistake without first obtaining leave from this Court to do so, but we now grant that leave nunc pro tunc. Because the remaining issues raised in both parties’ appeals are without merit, we AFFIRM the district court’s judgment in its entirety.

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Kenneth J. Thomas v. Istar Financial, Inc., A Maryland Corporation and Ed

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