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Fisch v. Manger
Another form of motion for a new trial concerns only the damages award. In this type of motion, the losing party argues to the judge that a new trial is necessary because the award is either too high (defendants) or too low (plaintiffs). If the judge agrees, instead of ordering a new trial, the judge may themselves determine a reasonable damages amount, then offer the non-moving party a choice: either accept the new, reasonable damages award, or prepare for a new trial.
The next case defines the terms "additur" and "remittitur" in this context. It also explains that while only the latter is constitutional in the federal system, state courts may permit either (can you figure out why?).
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