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Ruling on Remittitur/Additur cannot destroy the verdict & change the character of the result – i.e. remitting to the low side of the reasonable range (the jury intended to well Calculating DamagesLife Expectancy Tablewomen outlive men- difference in behavioral and biologicaloMen testosterone – risk taking behaviors, higher levels of bad cholesterol and higher chance of fatal conditionsoNarrowing of gap as women move into male occupied rolesoRace longevity: Asian, Latino, Caucasion, Native American, African AmericanoDifference between Asian and Latino not as big as between other racesoMarital status and longevity relatedoNever married effect stronger on men than womenTheory unmarried higher risk and marriage reduces risky behaviorsoEducation = higher longevityReform of Life Expectancy TableLawyers’ Committee for Civil Rights Under LawUse of wage, race, ethnicity, and gender in life tables promote systematic inequality and fail to recognize full potential of peopleDiscriminatory Damage awards harm minority children and communities of colorFail to account for future progress103
Race ethnicity and gender tables are unreliable, discriminatory and unconstitutional ReformsoFederal reform effortsoState reform effortsoReform efforts from the benchCalifornia Bars Calculation of Tort Damages Based on RaceGender and EthnicityNewsom signed S.B. 41 0 prohibits reductions of damages for lost future earnings in personal injury and wrongful death cases when those reductions are based on race, gender, or ethnicity The use of such tables can result in significantly lower awards for women and persons of colorMore likely to get more cases meet thresholds Tass – Law on raising retirement age in Russia comes effect on January 1, 2019Increase in retirement age in Russia for women to 60 years and for men to 65 yearsReduced length of service needed for early benefitsPreserves the right to early retirement for people working in harmful and dangerous conditions, and secures early retirement for parents ofdisabled person from childhoodThe law still secures benefits for women who have given birth to five or more children and raised them up to eight years. The law also gives the right to early retirement to women with three and four childrenLead to more economic growthAFFIRMATIVE DEFENSES TO NEGLIGENCEoClassic defenses were contributory negligence and assumption of the risk – both ameliorated by comparative negligenceoComparative Fault and Comparative Responsibility are attemptsto move beyond comparative negligenceCOMPARATIVE NEGLIGENCEOverviewRuleWhat DoWhat do you compareDefenseExceptionsContributory NegligenceD argues P was negligentP’s own negligence has contributed to their injuriesApples to Apples. Only compare similar levels of negligenceComplete Defense – bars P from collectinLast Clear Chance104
gComparative Negligence[Majority Rule]D argues P was NegligentD argues whole PF case (duty,cause, breach, injury Pdid to self)P can recover as