The Supreme Court has modified the practices of additur and remittitur, requiring  both the plaintiff and defendant to consent to any judicial adjustment on a jury’s damages award.

Under the court’s revisions to remittitur and additur, a case is considered settled if both sides agree to the judge’s modified damages. If a judge finds a damages award is a miscarriage of justice, but both sides fail to agree on the judge’s proposed alterations, a new trial on damages must proceed before a jury.