Back to Questions
Federal Rules of Civil Procedure (FRCP) QUESTION #3701
Question 1
A plaintiff sues a defendant. The jury returns a verdict for the plaintiff for $\text{\$1,000,000}$. The defendant moves for a new trial, arguing the amount is excessive. The judge agrees and gives the plaintiff the option of accepting $\text{\$600,000}$ or having a new trial. The plaintiff accepts $\text{\$600,000}$. Can the plaintiff appeal the reduction later?
  • Yes, if the defendant appeals the liability finding.
  • No, a plaintiff who accepts a remittitur order cannot later appeal that order.✔️
  • Yes, because it was a 'forced' choice.
  • No, unless the reduction was for more than 50% of the verdict.
Correct Answer Explanation
The Supreme Court held in Donovan v. Penn Shipping Co. that a plaintiff who accepts a remittitur order cannot later appeal that order, even if the acceptance was 'under protest'.