Ruling on RemittiturAdditur cannot destroy the verdict change the character of

Ruling on remittituradditur cannot destroy the

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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 Damages Life Expectancy Table women outlive men- difference in behavioral and biological o Men testosterone – risk taking behaviors, higher levels of bad cholesterol and higher chance of fatal conditions o Narrowing of gap as women move into male occupied roles o Race longevity: Asian, Latino, Caucasion, Native American, African American o Difference between Asian and Latino not as big as between other races o Marital status and longevity related o Never married effect stronger on men than women Theory unmarried higher risk and marriage reduces risky behaviors o Education = higher longevity Reform of Life Expectancy Table Lawyers’ Committee for Civil Rights Under Law Use of wage, race, ethnicity, and gender in life tables promote systematic inequality and fail to recognize full potential of people Discriminatory Damage awards harm minority children and communities of color Fail to account for future progress 103
Race ethnicity and gender tables are unreliable, discriminatory and unconstitutional Reforms o Federal reform efforts o State reform efforts o Reform efforts from the bench California Bars Calculation of Tort Damages Based on Race Gender and Ethnicity Newsom 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 color More likely to get more cases meet thresholds Tass – Law on raising retirement age in Russia comes effect on January 1, 2019 Increase in retirement age in Russia for women to 60 years and for men to 65 years Reduced length of service needed for early benefits Preserves the right to early retirement for people working in harmful and dangerous conditions, and secures early retirement for parents of disabled person from childhood The 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 children Lead to more economic growth AFFIRMATIVE DEFENSES TO NEGLIGENCE o Classic defenses were contributory negligence and assumption of the risk – both ameliorated by comparative negligence o Comparative Fault and Comparative Responsibility are attempts to move beyond comparative negligence COMPARATIVE NEGLIGENCE Overview Rule What Do What do you compare Defense Exceptions Contributor y Negligence D argues P was negligent P’s own negligence has contributed to their injuries Apples to Apples. Only compare similar levels of negligence Complet e Defense – bars P from collectin Last Clear Chance 104
g Comparativ e Negligence [Majority Rule] D argues P was Negligent D argues whole PF case (duty, cause, breach, injury P did to self) P can recover as

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