This is a status report provided by the New Jersey State Bar Association on recently passed and pending legislation, regulations, gubernatorial nominations and/or appointments of interest to lawyers, as well as the involvement of the NJSBA as amicus in appellate court matters. To learn more, visit njsba.com.

Supreme Court to review doctrines of additur, remittitur

Upon invitation by the Supreme Court, the New Jersey State Bar Association submitted supplemental briefing in response to specific questions on the propriety and application of additur and remittitur. In the matter of Orientale v. Jennings, Docket No. A-43-17, the Supreme Court invited amici, which includes the NJSBA, to submit supplemental briefing to address four questions:

  • Should both parties have the right to object to a trial court’s additur, or should only the defendant have that right?
  • Should both parties have the right to object to a trial court’s remittitur, or should only the plaintiff have that right?
  • In additur, should the court set the damages amount as the lowest reasonably supported by the record, or a reasonable amount supported by the record?
  • In remittitur, should the court set the damages amount as the highest amount reasonably supported by the record, or a reasonable amount supported by the record?