gasperini center humanities argued april decided june law new york appellate courts empowered review size jury verdicts order new trials jury award deviates materially reasonable compensation civ prac law rules cplr section seventh amendment governs proceedings federal state right trial jury shall preserved fact tried jury shall otherwise according rules common law compatibility provisions action based new york law tried federal reason parties diverse citizenship issue confronts case petitioner gasperini journalist occasional photographer loaned original slide transparencies respondent center humanities inc center lost transparencies gasperini commenced suit district southern district new york invoking diversity jurisdiction center conceded liability trial damages jury awarded gasperini per transparency asserted industry standard compensation lost transparency contending inter alia verdict excessive center moved new trial district without comment denied motion appeals second circuit observing new york law governed controversy endeavored apply cplr section evaluate center contention verdict excessive guided new york appellate division decisions reviewing damage awards lost transparencies second circuit held verdict materially deviates reasonable compensation vacated judgment entered jury verdict ordered new trial unless gasperini agreed award held new york law controlling compensation awards excessiveness inadequacy given effect without detriment seventh amendment review standard set cplr section applied federal trial judge appellate control trial ruling confined abuse discretion pp heighten judicial check size jury awards new york codified deviates materially standard review replacing shock conscience formulation previously used new york courts design operation section influences outcomes tightening range tolerable awards although phrased direction new york intermediate appellate courts section courts instructs state trial judges well pp cases like gasperini new york law governs claims relief must determine whether new york law also supplies test review size verdict federal diversity jurisdiction provides alternative forum adjudication rights carry generation rules substantive law doctrine erie tompkins federal courts sitting diversity apply state substantive law federal procedural law classification law substantive procedural erie purposes sometimes challenging endeavor guaranty trust york early interpretation erie propounded test oes significantly affect result litigation federal disregard law state controlling action upon claim parties state later pathmarking case qualifying guaranty trust explained test must applied mechanically sweep manner variations instead application must guided twin aims erie rule discouragement avoidance inequitable administration laws hanna plumer informed decisions concludes although decisionmaking authority new york appellate division state objective manifestly substantive rigorous comparative evaluations attend application section deviates materially standard common law shock conscience test federal courts ignore change new york standard persist applying shock conscience test damage awards claims governed new york law substantial variations state federal money judgments may expected see therefore agrees second circuit new york check excessive damages warrants application federal erie doctrine precludes recovery federal significantly larger recovery tolerated state pp standard federal appellate review attend essential characteristic federal system byrd blue ridge rural elec cooperative seventh amendment governs proceedings federal state bears allocation trial functions judge jury issue byrd also controls allocation authority review verdicts issue concern keeping historic understanding seventh amendment clause inhibit authority trial judges grant new trials reasons new trials heretofore granted actions law courts fed rule civ proc contrast appellate review federal trial denial motion set aside jury verdict excessive relatively late less secure development review deemed inconsonant seventh amendment clause expressly approved today see industries kelco disposal circuit decisions unanimously recognize however appellate review confined abuse discretion reconcilable seventh amendment control necessary proper fair administration justice approves line decisions pp case principal state federal interests accommodated new york dominant interest substantive law guide allowable damages arising claim relief respected without disrupting federal system recognized federal district capable applying state deviates materially standard recalls regard deviates materially standard serves guide applied trial well appellate courts new york within federal system practical reasons combine seventh amendment constraints lodge district appeals primary responsibility application section check district applications deviates materially standard subject appellate review standard circuits employ inadequacy excessiveness asserted appeal abuse discretion pp appear district checked jury verdict relevant new york decisions accordingly vacates judgment appeals instructs remand case district trial judge revisiting ruling new trial motion may test jury verdict clpr section deviates materially standard vacated remanded ginsburg delivered opinion kennedy souter breyer joined stevens filed dissenting opinion scalia filed dissenting opinion rehnquist thomas joined notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press end syllabus william gasperini petitioner center humanities inc gasperini commenced suit district southern district new york invoking diversity jurisdiction pursuant section alleged several claims relief including breach contract conversion negligence see app center conceded liability lost transparencies issue damages tried jury trial gasperini expert witness testified industry standard within photographic publishing community valued lost transparency see industry standard expert explained represented average license fee commercial photograph earn full course photographer copyright gasperini case lifetime plus years see see also section gasperini estimated earnings photography totaled period also testified intended produce book containing best photographs central america see app trial jury awarded gasperini compensatory damages sum jury foreperson announced slides moving new trial federal rule civil procedure center attacked verdict various grounds including excessiveness without comment district denied motion see app pet cert appeals second circuit vacated judgment entered jury verdict mindful new york law governed controversy appeals endeavored apply cplr section instructs jury returns itemized verdict jury case new york appellate division shall determine award excessive inadequate deviates materially reasonable compensation second circuit application section check size jury verdict followed circuit precedent elaborated two weeks earlier consorti armstrong world industries superseded surveying appellate division decisions reviewed damage awards lost transparencies second circuit concluded testimony industry standard alone insufficient justify verdict prime among factors warranting consideration uniqueness slides subject matter photographer earning level guided appellate division rulings second circuit held verdict materially deviates reasonable compensation gasperini transparencies second circuit recognized unique notably capturing combat situations gasperini photographer present others depicted either generic scenes events professional photojournalists present slides merited award concluded iving gasperini every benefit doubt ibid absent evidence showing significant earnings photographic endeavors concrete plans publish book determined damage award remaining slides excessive remittiturs presen difficult problems appellate courts second circuit acknowledged appeals judges review evidence cold paper record ibid nevertheless second circuit set aside verdict ordered new trial unless gasperini agreed award case presents important question regarding standard federal uses measure alleged excessiveness jury verdict action damages based state law therefore granted certiorari ii standard determining excessiveness appropriateness remittitur new york somewhat ambiguous prior new york law employed standard federal courts see matthews cti container transport cir authorized remittitur jury verdict excessive shocked conscience state federal courts trial judges made excessiveness assessment first instance appellate judges ordinarily deferred trial judgment see mcallister adam packing app div dept trial determination adequacy jury verdict disturbed appellate said trial exercise discretion reasonably grounded martell boardwalk enterprises trial refusal set aside reduce jury award overturned abuse part series tort reform measures new york codified standard judicial review size jury awards placed cplr section prescription reads reviewing money judgment contended award excessive inadequate new trial granted unless stipulation entered different award appellate division shall determine award excessive inadequate deviates materially reasonable compensation new york opinions confirm section deviates materially standard calls closer surveillance shock conscience oversight see graziosi app div dept apparent intent legislation facilitate appellate changes verdicts harvey mazal american partners instructing appellate division use setting remittitur deviates materially standard shock conscience test see also consorti material deviation reasonableness less deviation required find award excessive shock conscience weinstein korn miller new york civil practice para section new standard reviewing given greater power review size jury award heretofore afforded although phrased direction new york intermediate appellate courts section deviates materially standard construed new york courts instructs state trial judges well see inya ide hyundai app div dept error trial apply shock conscience test motion set aside damages proper standard whether award materially deviates reasonable compensation cochetti gralow app div dept settled law trial courts conduct materially deviates inquiry shurgan tedesco app div dept approving trial application materially deviates standard see also lightfoot union carbide supp sdny established applicable state trial appellate application section trial level key case determine whether award deviates materially reasonable compensation new york state courts look awards approved similar cases see leon peppe realty app div dept awards line recent awards sustained appellate courts johnston joyce app div dept reducing award maximum amount previously allowed similar type harm new york former shock conscience test courts also referred analogous cases see senko fonda app div dept deviates materially standard however design operation influences outcomes tightening range tolerable awards see consorti iii parties arguments suggest cplr section appraised erie tompkins decisions erie path substantive procedural substantive section deviates materially standard controls much plaintiff awarded procedural appellate division parallel application section federal appellate level sync federal system division trial appellate functions allocation weighted seventh amendment dispositive question therefore whether federal courts give effect substantive thrust trial decision civil cases classification law substantive procedural erie purposes sometimes challenging endeavor guaranty trust york early interpretation erie propounded test oes significantly affect result litigation federal disregard law state controlling action upon claim parties state ordering application state statute limitations equity proceeding federal said guaranty trust federal exercising jurisdiction solely diversity citizenship parties outcome litigation federal substantially far legal rules determine outcome litigation tried state ibid see also ragan merchants transfer warehouse local law creates cause action qualifies federal must follow suit different measure cause action one transgress principle erie later pathmarking case qualifying guaranty trust explained test must applied mechanically sweep manner variations instead application must guided twin aims erie rule discouragement forumshopping avoidance inequitable administration laws hanna plumer informed decisions address question whether new york deviates materially standard codified cplr section standard important effect upon fortunes one litigants failure apply unfairly discriminate citizens forum state likely cause plaintiff choose federal start point parties debate gasperini acknowledges statutory cap damages supply substantive law erie purposes see reply brief petitioner state matter substantive law may among things eliminate availability damages particular claim entirely limit factors jury may consider determining damages place absolute cap amount damages available substantive law applicable federal sitting diversity see also tr oral arg consorti although cplr provide analogous control new york legislature codified section new standard one requires closer review common law shock conscience test see supra rigorous comparative evaluations attend application section deviates materially standard see supra foster predictability legislature required reviewing overturning verdict section state reasons including factors considered relevant see cplr section supra think fair conclusion cplr maximum amount recoverable set statute rather determined case law brief city new york amicus curiae sum section contains procedural instruction see supra state objective manifestly substantive cf healy milwaukee metropolitan sewerage thus appears federal courts ignore change new york standard persist applying shock conscience test damage awards claims governed new york law substantial variations state federal money judgments may expected see hanna therefore agree second circuit new york check excessive damages implicates called erie twin aims see supra erie principle precludes federal giving claim longer life claim state ragan erie precludes recovery federal significantly larger recovery tolerated state essential characteristic described byrd diversity suit negligence pivotal issue fact tried judge case state byrd held despite state practice plaintiff entitled jury trial federal ruling said guaranty trust test insufficient guide cases presenting countervailing federal interests see byrd described countervailing federal interests present byrd way federal system independent system administering justice litigants properly invoke jurisdiction essential characteristic system manner civil commonlaw actions distributes trial functions judge jury seventh amendment assigns decisions disputed questions fact jury ibid omitted suits common law value controversy shall exceed twenty dollars right trial jury shall preserved fact tried jury shall otherwise according rules common law amdt contrast appellate review federal trial denial motion set aside jury verdict excessive relatively late less secure development review deemed inconsonant seventh amendment clause see lincoln power williamson osenton see also moore federal practice para collecting cases subsequently recognized even cases erie doctrine arising wholly federal question settled twice granted certiorari decide unsettled issue ultimately resolved cases grounds see grunenthal long island neese southern today expressly held seventh amendment allows appellate review district denial motion set aside award excessive industries kelco disposal successive reminders question worthy attention noted without disapproval courts appeals engage review district excessiveness determinations applying abuse discretion standard see grunenthal noted circuit decisions point referred appellate review role district determine whether jury verdict within confines set state law determine reference federal standards developed rule whether new trial remittitur ordered appeals review district determination standard new york dominant interest respected without disrupting federal system recognized federal district capable performing checking function apply state deviates materially standard line new york case law evolving cplr section recall regard deviates materially standard serves guide applied trial well appellate courts new york see supra within federal system practical reasons combine seventh amendment constraints lodge district appeals primary responsibility application section opportunity consider evidence living courtroom context taylor washington terminal cadc appellate judges see cold paper record district applications deviates materially standard subject appellate review standard circuits employ inadequacy excessiveness asserted appeal abuse discretion see wright miller federal practice procedure section collecting cases see moore federal practice para light erie doctrine federal appeals must guided standard state law supplies second circuit said reverse must abuse discretion nature problem counsels restraint must give benefit every doubt judgment trial judge dagnello iv ordered justice stevens dissenting agree reasoning opinion disagree disposition case affirm judgment appeals also reject suggestion seventh amendment limits power federal appellate sitting diversity decide whether jury award damages exceeds limit established state law recognize state rules appellate procedure necessarily bind federal appellate courts majority persuasively shows however new york merely adopted new procedure allocating decisionmaking function trial appellate courts ante instead new york courts held jury awards reviewed appeal must conform requirement deviat materially amounts awarded like cases ante new york chosen tie damages ceiling awards traditionally recovered similar cases rather legislatively determined inflexible monetary sum none concern given nature command appeals second circuit correctly concluded consorti armstrong world industries superseded new york excessiveness standard applies federal diversity cases controlled new york law consorti erred basing conclusion part fact new york statute requires state appellate division apply standard nevertheless faithful rules decisions act construed erie tompkins holding limitation size judgment ignored similarly appeals correctly followed consorti case considered whether damages awarded materially deviated damages awarded similar cases endorse opinions respects although majority agrees appeals new york law establishes size damages may awarded chooses vacate remand majority holds federal appeals review abuse discretion district decision deny motion new trial based jury excessive award result concludes district given opportunity apply first instance deviates materially standard new york law imposes ante district opportunity consider propriety jury award erred appeals corrected error drawing reasonable inferences favor petitioner reason suppose appeals reached conclusion district permissibly disagree remand require district repeat task already reviewing therefore affirm judgment appeals ii early cases state reexamination clause prohibits appellate review excessive jury awards foreclose practice altogether see southern div bennett may admitted true excess appeared matter law instance statute fixed maximum verdict exceeded question might arise wright miller kane federal practice procedure section pp ed indeed last years consistently reserved question whether constitution permits review ante meantime every appeals agreed seventh amendment establishes bar wright miller section taking question open one start certain basic principles well settled jury verdicts binding either trial judges appellate courts unauthorized law verdict may insupportable matter law either deficiencies evidence award damages larger permitted law award excessive matter diversity case larger applicable state law trial judge duty set aside failure error law appeals duty correct appeal principles sufficiently well established seventh amendment issue arise appellate ordered new trial jury award exceeded monetary cap allowable damages new york chosen define legal limit less mathematical terms require different constitutional conclusion new york limitation requires legal inquiry wholly divorced facts quality necessarily make question one factfinder rather reviewing three times term assigned appellate courts task independently reviewing similarly mixed questions law fact see ornelas slip markman westview instruments slip thompson keohane slip appellate review proper mixed questions require courts construe record inferences favor factfinder decision determine whether facts found legal standard met see ornelas slip quoting swint following procedure appeals reexamine fact determined jury merely identified portion judgment constitutes unlawful excess see dimick schiedt even review appeals implicates reexamination clause according rules common law amdt vii common law trial judge sitting nisi prius recommended whether judicial panel sitting en banc westminster accept jury award en banc ruled motion new trial entered judgment wright miller section petitioner correctly points procedure motions new trial based excessiveness technically subject appellate review riddell new trial common law yale seems clear criminal civil cases trial judge power grant new trial recourse must however nisi prius judge often serve en banc essentially position modern appeals considered legality jury award light trial judge opinion without firsthand knowledge transpired see blume review facts jury seventh amendment jud soc petitioner also contends common law en banc grant new trial trial judge recommended contention undermined numerous cases granted new trials without making reference trial judge view damages see honda motor oberg slip citing cases moreover early english cases repeatedly state power order new trial jury returned excessive award rested rather judge blackstone identifies excessive damages independent basis may grant new trial makes mention requirement trial judge must recommend blackstone commentaries even read favorably petitioner therefore meaningful distinction exists practice considered new trial motion first instance practice challenged appellate reviews district ruling new trial motion see riddell yale justice stone explained dissenting opinion joined chief justice hughes justice brandeis justice cardozo seventh amendment intended endure unnumbered generations concerned substance form nothing history language suggest amendment purpose preserve essentials jury trial known common law adoption constitution reason often refused construe intended perpetuate changeless form minutiae trial practice existed english courts beginning language regarded subservient single purpose amendment preserve essentials jury trial actions law serving distinguish suits equity admiralty see parsons bedford pet safeguard jury function encroachment common law permit thus interpreted seventh amendment guarantees suitors actions law shall benefits trial issues fact jury prescribe particular procedure benefits shall obtained forbid curtail function jury decide questions fact adoption amendment restrict control jury verdict previously exercised confine trial judge determining issues jury particular forms trial practice vogue dimick schiedt early intricate english history justify limited assertion federal appellate courts must limited particular highly deferential standard excessiveness review courts hesitant disturb jury awards less cases reasonably certain measure damages afforded graham law new trials cases civil criminal ed washington damages contract common law rev new york prescribed objective legal limitation damages appellate may reverse jury damages award conscience shocked sense justice outraged dagnello long island cf honda motor oberg citing english cases may surely follow sovereign command jury materially deviated awards granted juries anything new york standard though less deferential certain iii majority persuasive demonstration new york law sets forth substantive limitation size jury awards seems refute contention new york merely asked appellate courts reexamine facts majority analysis thus seem undermine conclusion reexamination clause relevant case certainly decision byrd make clause relevant considered whether seventh amendment first clause influence decision give effect rule denying right jury altogether byrd blue ridge rural elec cooperative holding way requires us consult amendment second clause determine standard review district application state substantive law disagreement tempered however majority carefully avoids defining strictly abuse discretion standard announces extent majority relies practical reasons conclusion appeals give weight district assessment determining whether state substantive law properly applied ante disagree analysis matter federal administration recognized contexts need according deference lower resolution legal yet questions see ornelas slip pierce underwood indeed familiar somewhat circular maxim deems error law abuse discretion end therefore disagreement label majority attaches standard appellate review obscure far fundamental point agree whatever influence seventh amendment may said exert erie requires federal appellate courts sitting diversity apply damage control standard state law supplies ante iv justice scalia chief justice justice thomas join dissenting today overrules longstanding line precedent years prohibited federal appellate courts reviewing refusals district courts set aside civil jury awards contrary weight evidence one reason given overruling cases courts appeals time decided ignore unreasoned capitulation nullification long regarded core component bill seventh amendment prohibition appellate reexamination civil jury wrong us much less courts appeals decide seventh amendment restriction review jury findings outlived usefulness also holds today state practice relates division duties state judges juries must followed federal courts diversity cases issue prior cases directly contrary reverse judgment appeals respectfully dissent amendment congress response one principal objections proposed constitution raised ratification debates failure ensure right trial jury civil actions federal desire explicit constitutional guarantee reexamination jury findings explained justice story sitting circuit justice specifically prompted article iii conferral appellate jurisdiction law fact upon ne powerful objections urged constitution recounted authority enable without new jury whole facts settled previous jury wonson cas cc mass second clause amendment responded concern providing uits common law fact tried jury shall otherwise according rules common law amdt reexamination clause put rest apprehensions new trials appellate courts wonson adopting broad fashion rules common law govern interference jury determinations content law familiar fixed see ibid common law alluded common law individual state probably differs common law england grand reservoir jurisprudence dimick schiedt seventh amendment effect adopted rules common law respect trial jury rules existed quite plainly barred reviewing courts entertaining claims jury verdict contrary evidence common law review judgments writ error limited questions law see wonson supra blackstone commentaries laws england writ error lies upon matter law arising upon face proceedings evidence required substantiate support holdsworth history english law ed cf ross rittenhouse dall mckean principle expressly acknowledged governing federal practice parsons bedford pet story held error assigned district refusal allow transcription witness testimony serve statement facts case appeal notwithstanding right transcription state practices made applicable federal courts congress explained whole object transcription present evidence order establish error verdict matters fact mode review simply unavailable writ error see concluded congress directed federal courts follow state practices change effect conclusiveness verdict jury upon facts litigated trial serious doubts whether unconstitutional seventh amendment prohibition courts facts tried jury manner modes known common law facts granting new trial issue tried record properly returnable award venire facias de novo appellate error law intervened proceedings evidence us competent reverse judgment error verdict jury trial error law appearing upon record reverse judgment upon examination evidence may opinion jury returned verdict less amount jury acted upon gross mistake facts governed improper influence bias remedy therefore rested general power set aside verdict whether refusal exercise power erroneous power restricted constitution determination questions law arising upon record authority extend facts tried jury instructions correctly defining legal rights parties parsons bedford supra railroad fraloff common law major civil actions initiated panels judges sitting courts westminster trial always held bar however inconvenience jurors witnesses travel westminster given rise practice allowing trials held countryside single itinerant judge nisi prius trial called limited jury deciding matter fact dispute accomplished verdict entered record exceptions instructions rulings nisi prius returned en banc westminster see generally holdsworth history english law radcliffe cross english legal system ed requests new trials made nisi prius judge en banc prior proceedings entry judgment see holdsworth supra riddell new trial common law yale motions altogether separate appeal writ error followed entry judgment holdsworth supra radcliffe cross supra nonetheless respondent argues role en banc westminster essentially appellate body reviewing proceedings appellate judges capable examining evidence granting new trial view verdict contrary weight evidence see blume review facts jury seventh amendment jud soc riddell supra two difficulties argument first characterization westminster appellate body role respect initiation action entertaining motions new trial entry judgment cause tried bar nisi prius regard actions deciding motion new trial appellate latter instance supposes functional distinction none existed second difficulty trial held nisi prius judges en banc apparently order new trial nisi prius judge certified dissatisfied verdict sure many cases mention made judge certificate many indications required predicate setting aside verdict rendered nisi prius respondent unable identify single case new trial granted absence certification short seem new trial except upon approval judge presided trial heard evidence persuaded prior cases correct common law reexamination facts found jury undertaken trial appellate review restricted writ error challenge judgment upon matters law even doubt point hesitant advance view common law forbears far better acquainted subject event question apply rules common law federal appellate consideration motions new trials one already clearly categorically answered precedents said dimick schiedt discussing status remittitur rules common law doctrine accepted law hundred years uniformly applied federal courts time finds support practice english courts prior adoption constitution lightly reconsidered disturbed time question whether orders motions new trial fact reviewable common law long since passed cases reaching back early century establish constitution forbids federal appellate courts reexamine fact found jury trial prohibition encompasses review district refusal set aside verdict contrary weight evidence precedent affirmatively supports proposition cases upon relies neither affirmed rejected practice appellate review adopted courts development light past cases amounts studied waywardness intermediate appellate bench unaccountable reluctance grunenthal long island neese southern stand precedents undeniable illogic disposition two district denial new trial motion confront lawfulness reversal authority weakest negative sort weight assigned statement industries kelco disposal seemingly approving appellate review denials new trials punitive damages claimed excessive like grunenthal neese explicitly avoided question us today see even significantly involved review jury punitive damages award unlike measure actual damages suffered presents question historical predictive fact see craft level punitive damages really fact tried jury none cases holding reexamination clause prevents federal appellate review claims excessive damages appear damages truly punitive component event statements puts forward basis dispensing prior cases rather circuit courts appeals unanimous agree ment may review refusals set aside jury awards claimed weight evidence ante current unanimity deemed controlling notwithstanding relatively late origin practice ante without inquiry reasoning set forth appeals decisions contents citations two federal appellate cases assurances two leading treatises view however meager intellectual provenance might universally held see ante credit one treatises describes dramatic change doctrine represented appellate review denials new trial orders generally accomplished blizzard dicta repetition alone given legitimacy doctrine doubtful constitutionality wright miller kane federal practice procedure section pp ed suggestion rationale might underlie approval review found quotation dagnello long island effect review denial new trial motion conducted sufficiently deferential standard poses question law ante quoting dagnello supra test seventh amendment sets forth whether possible characterize appeal denial new trial raising legal question possible review claim without engaging reexamin ation facts tried jury manner otherwise allowed common law determining whether particular award excessive requires one first determine nature extent undeniably requires reviewing facts case review also entails application legal standard whether shocks conscience deviates materially makes difference necessarily also required reexamination facts found jury last analysis frankly abandons pretense faithfulness common law suggesting meaning reexamination clause fixed ante contrary view prior discussions reexamination clause adopted see supra believes ignore explicit command fact tried jury shall otherwise reexamined according rules common law insisted juries male consist jurors common law ante desperate analogy since course comparison specificity command reexamination clause specificity command jury abandonment traditional view reexamination clause major step indeed ii acknowledges state procedural rules general matter permitted interfere allocation functions federal system see ante indeed least partly reason rejects direct application section appellate level inconsistent essential characteristic federal presumably means review denials motions new trials see ante scope concern oddly circumscribed essential characteristic federal jury specifically role federal trial reviewing jury judgments apparently counts little approves accommodat ion achieved district courts review jury verdicts deviates materially standard regards means giving effect state purposes without disrupting federal system ante changing standard trial judges review jury verdicts disrupt federal system plainly inconsistent strong federal policy allowing state rules disrupt relationship federal byrd blue ridge rural elec cooperative opinion even acknowledge let alone address dislocation discussed precisely point issue industries kelco disposal gave answer altogether contrary one provided today rejected request fashion federal rule limiting size awards federal courts reaffirming principle erie tompkins diversity action lawsuit state law provides basis decision propriety award punitive damages factors jury may consider determining amount questions state law opinion expressly stated ederal law control issues involving proper review jury award federal district appeals reviewing award punitive damages said role district determine whether jury verdict within confines state law determine reference federal standards developed rule whether new trial remittitur ordered distinction necessarily applies judgment review compensatory damages state substantive law controls injuries compensable amount federal standards determine whether award exceeds lawful degree may set aside order new trial remittitur disavow statements indeed even discuss presumably overrules least state rule governs whether new trial remittitur ordered characterized substantive nature rate reason asserts giving manifestly substantive ante since operates contro much plaintiff awarded tightening range tolerable awards ante although less readily classified substantive statutory cap damages nonetheless designed provide analogous control ante making new trial mandatory award deviat es materially reasonable see ante see seems quite wrong regard provision substantive rule erie purposes analog statutory cap damages ante fails utterly absolutely fundamental distinction rule law ordinarily imposed upon jury trial instructions rule review simply determines closely jury verdict scrutinized compliance instructions tighter standard reviewing jury determinations plausibly called substantive disposition tighter appellate standard reviewing determinations one like provides additional assurance law complied like one leaves law unchanged commits classic erie mistake regarding whatever changes outcome substantive see ante factor considered see byrd ere outcome consideration strong case might appear saying federal follow state practice affirmative countervailing considerations work never intended serve talisman hanna plumer power convert classic elements process assuring law observed substantive law right jury make findings fact example generally thought favor plaintiffs advantage often thought significant enough basis forum selection one argue erie confers right jury federal wherever state courts provide seventh amendment erie require federal courts dispense jury whenever state courts event exaggerates difference state standard make concludes different outcomes likely ensue depending whether law applied state deviates materially standard section shocks conscience standard see ante course federal appellate standard federal standard granting new trials must compared new york standard determine whether substantially different results far clear standard shocks conscience indeed even clear asserts shocks conscience standard erroneous actually applied district courts second circuit second circuit test reversing grant new trial excessive verdict whether award clearly within maximum limit reasonable range ismail cohen internal quotation marks omitted district uses standard affirmed many decisions express shocks conscience criterion see koerner club mediterranee supp sdny used standard indisputably egregious banff express supp sdny adopted inverse second circuit test reversing grant new trial namely clearly outside maximum limit reasonable range paper schoeller technical papers supp sdny moreover decisions say shocks conscience fact apply rule much less stringent one case example says award sustained new york deviates materially rule shocks conscience see joint eastern dist asbestos litigation supp sdny rev grounds sum least highly questionable whether consistent outcome differential claimed even exists seems far likely produce consistent difference state federal appellate standards leaves untouched disposition second circuit reviews abuse discretion whereas new york appellate courts engage de novo review material deviation giving defendant double shot getting damages award set aside result produce conformity erroneously believes erie requires one adopted second circuit rejected de novo federal appellate review section standard say application section place federal standard consistently produce disparate results suggest decision made today momentous one principle state standard governs great importance since bears potential destroy uniformity federal practice integrity federal system view state rule directed courts determine award excessive inadequate deviates degree proper measure compensation applied federal courts effectively requiring federal judges determine amount damages de novo effectively taking matter away jury entirely cf byrd consider state rule allowed defendant second trial damages judgment ultimately amount lesser two jury awards cf wonson describing massachusetts practice second jury trial appeal reasoning opinion even rule applied federal courts foregoing describes think erie analysis flawed view one even reach erie question case standard applied district ruling motion new trial set forth rule federal rules civil procedure provides new trial may granted reasons new trials heretofore granted actions law courts emphasis added undeniably federal standard federal district courts second circuit interpreted standard permit granting new trials quite clear jury reached seriously erroneous result letting verdict stand result miscarriage justice koerner club mediterranee supp sdny quoting bevevino saydjari assuming reason question correct interpretation rule requires undeniable federal rule sufficiently broad cause direct collision state law implicitly control issue thereby leaving room operation law burlington northern woods simply possible give controlling effect federal standard state standard reviewing jury award choice apply federal rule exercise called congress power regulate matters though falling within uncertain area substance procedure rationally capable classification either hanna small irony declaration today appellate review refusals grant new trials error fact control necessary proper fair administration justice ante objection precisely sort control federal appellate judges gave birth reexamination clause seventh amendment alas drew amendment citizens approved envision age constitution means whatever thinks indeed whatever courts appeals recently thought mean added revision seventh amendment disregard congress instructions rule one must conclude bad day constitution distinctive article iii courts general role jury courts particular respectfully dissent footnotes plaintiff gasperini petitioner citizen california defendant center respondent incorporated principal place business new york see blackman michael friedman publishing group app div dept award reduced per transparency absence evidence establish uniqueness nierenberg wursteria app div dept award reduced per slide evidence showed photographer earned little slide sales alen macweeney esquire app div dept award reduced per transparency evidence indicated images generic distinguished prior ruling girard studio group young rubicam app div dept permitting award reduced per slide evidence showed lost slides represented classics long career legislature sought particularly curtail medical dental malpractice contain already high malpractice premiums legislative findings declaration ch laws mckinney full civ prac law rules cplr section appellate division shall review questions law questions fact appeal judgment order original instance appeal order county appellate term determining appeal reviewing money judgment action itemized verdict required rule hundred eleven chapter contended award excessive inadequate new trial granted unless stipulation entered different award appellate division shall determine award excessive inadequate deviates materially reasonable compensation appeal money judgment action contended award excessive inadequate appellate division shall set forth decision reasons therefor including factors considered complying subdivision section hundred one chapter concerning matters covered federal rules civil procedure characterization question usually unproblematic settled rule point consonant rules enabling act section constitution federal rule applies regardless contrary state law see hanna plumer burlington northern woods federal courts interpreted federal rules however sensitivity important state interests regulatory policies see walker armco steel reaffirming decision ragan merchants transfer warehouse state law rather rule determines diversity action commences purposes tolling state statute limitations rule makes reference tolling state limitations observed accordingly found direct conflict healy milwaukee metropolitan sewerage state provision offers settlement plaintiffs compatible federal rule limited offers defendants hanna keyed question erie twin aims full hanna instructed federal courts ask whether application state rule make important difference character result litigation failure enforce unfairly discriminate citizens forum state whether application rule important effect upon fortunes one litigants failure enforce likely cause plaintiff choose federal specifically addressed issue courts appeals held district application state statutory caps diversity cases post verdict violate seventh amendment see davis omitowoju clause seventh amendment impede federal application statutory cap boyd bulala application statutory cap violate seventh amendment right trial jury justice scalia questions whether federal district courts new york actually appl apply shock conscience test assessing jury award excessiveness post collecting various formulations review standard federal district standard must come appeals district judges southern district new york sits alone renders decisions binding others indeed ismail cohen authority upon justice scalia relies second circuit stated district courts test damage awards excessiveness shock conscience standard see remittitur effect statement shocked jury award damages see also scala moore mccormack lines federal courts judgment stand damages awarded excessive shock judicial conscience internal quotation marks citation omitted justice scalia questions whether application cplr courts within second circuit see supra fact yield consistent outcome differentials see post numbers second circuit believed revealing see difference award see supra per transparency see supra fairly described insubstantial see rights state law governs amount properly awarded punitive damages subject ultimate federal constitutional check exorbitancy see bmw north america gore slip industries kelco disposal evenhanded approach require federal deference endeavors like new york control compensatory damages excessiveness see infra defendant argued byrd although personal injury plaintiff employed independent contractor work plaintiff engaged perform work done defendant employees therefore defendant maintained plaintiff ranked statutory employee whose sole remedy state workers compensation law sameness work plaintiff defendant employees performed presented fact question state jury trial available resolve see walker sauvinet see moore federal practice para pp ed common law origin trial power grant deny new trial inviting rethinking additur question later day justice stone joined chief justice hughes justices brandeis cardozo found nothing history language seventh amendment forcing incongruous position federal trial may deny motion new trial plaintiff consents decrease judgment proper amount may condition denial motion defendant consent comparable increase recovery dimick schiedt dissenting professed refusal answer question presented grunenthal long island justices harlan stewart observed grunenthal indeed reviewed refusal district set aside jury verdict excessiveness harlan dissenting stewart dissenting justice harlan commented like brother stewart utter loss understand manages review district decision find proper time proclaiming avoided decision issue whether appellate courts ever may review actions concerned punitive damages agree second circuit however purposes deciding whether state federal law applicable question whether award compensatory damages exceeds permitted law materially different question whether award punitive damages exceeds permitted law consorti justice scalia disagrees ready destroy uniformity federal practice regard cf post render judgment described astonishing authority upon relies compare post wright miller kane federal practice procedure section ed astonishing passed three opportunities ultimately reject view courts appeals meaning seventh amendment fixed civil juries remain unquestionably common law twelve good men true blackstone commentaries see capital traction hof trial jury primary usual sense term common law american constitutions trial jury twelve men see colgrove battin jury civil trials satisfies seventh amendment guarantee procedures regarded compatible seventh amendment although conformity practice common law amendment adopted include new trials restricted determination damages gasoline products champlin refining federal rule civil procedure motion judgment matter law see wright miller federal practice procedure section pp ed see also parklane hosiery shore issue preclusion absent mutuality parties violate seventh amendment although common law existed permitted issue preclusion mutuality rule posited justice scalia post surely incompatible existence federal system independent system administering justice byrd blue ridge rural elec cooperative discern disagreement examples among many federal judges considered case justice scalia finds federal rule civil procedure federal standard new trial motions direct collision leaving room operation state law like relevant prescription rule remained unchanged since adoption federal rules rule encompassing uncontroversial indeed hornbook law usual ground rule motion damages excessive see wright law federal courts ed whether damages excessive must governed law candidate governance law gives rise claim law new york see section shall power prescribe general rules procedure uch rules shall abridge enlarge modify substantive right standard excessiveness matte state federal common law see also fallon meltzer shapiro hart wechsler federal courts federal system ed observing continued since hanna plumer interpret federal rules avoid conflict important state regulatory policies citing walker armco steel liability rules split apart justice scalia says must save seventh amendment gasperini claim others like governed curious law law apply controversy state forepart federal hindquarter beast may brutish little judgment creation conceivable conflict federal rule civil procedure application new york damages limit case controlled erie rules decisions act rather rules enabling act limitation federal procedural rules conflict state substantive rights see ely irrepressible myth erie harv rev see also sibbach wilson rule state new trials may granted reasons new trials heretofore granted actions law courts hardly constitutes command federal courts must always substitute federal limits size judgments set several cases founded upon state law causes action even time rule adoption federal courts bound apply state statutory law cases thus disagree justice scalia view separate federal standard determine whether award exceeds lawful degree may set aside order new trial remittitur post view award exceeds lawful legal error occurred may corrected certainly dimick premise power overturn award exceeds lawful limits degree excess reason justice scalia wrong contend westminster acted appellate fashion entertained motions new trials causes tried bar entertained causes tried nisi prius post former cases en banc entertain motion new trial heard evidence latter sometimes entertain motion heard report evidence nisi prius judge although honda involved review punitive damages awards expressly noted basis suggesting different standards judicial review applied punitive compensatory damages twentieth century slip indeed many decisions relied upon honda involved compensatory damages authority suggest judicial review former secure historical pedigree judicial review latter see bright eynon burr eng denison concurring granting new trial refusing must depend upon legal discretion guided nature circumstances particular case directed view attainment justice wood gunston sty eng discretion cases grant new tryal must judicial arbitrary discretion frequent books take notice miscarriages juries grant new tryals upon per curiam decision donovan penn shipping provides support proposition federal appellate courts confined federal standard excessiveness case held plaintiff consented remittitur challenge adequacy appeal although stated dicta proper role trial appellate courts federal system reviewing size jury verdicts however matter federal law broad statement supported citation two cases hana plumer byrd blue ridge rural elec cooperative involve review jury awards objection repeatedly made following constitutional convention see martin genuine information records federal convention pp farrand ed gerry reply landholder ratifying conventions see elliot debates federal constitution virginia convention statements mason henry north carolina convention statements bloodworth spencer prior adoption amendment concerns addressed congress judiciary act stat expressly directed providing reexamin ation civil judgments upon writ error shall reversal either circuit error fact section stat restriction remained place revisions judicial code see stat section amendment relied upon least twice prevent actual new trials wonson justice story rejected claim right retry appeal matter unsuccessfully put jury district acceptance practice local law based ruling statutory grounds interpretation statutory jurisdiction dictated view contrary interpretation contravene seventh amendment justices murray wall relied wonson invalidating seventh amendment federal habeas statute provided removal certain judgments state courts purposes retrial federal see wabash mcdaniels without authority disturb judgment upon ground damages excessive doubted whether order overruling motion new trial based upon ground erroneous power restricted determination questions law arising upon record railroad company fraloff arkansas valley land cattle mann owever ascertained verdict large granting refusing new trial circuit subject review citing parsons bedford pet railroad fraloff lincoln power permitted sitting errors case wherein damages fixed verdict jury take notice claim excessive damages complaint action jury reason complain instructions error jury allowing unreasonable amount redressed motion new trial citing parsons supra fraloff supra chicago chicago southern div bennett case mere excess upon evidence matter dealt trial present question reexamination upon writ error citing lincoln supra fairmount glass works cub fork coal rule review action federal trial granting denying motion new trial error fact settled long unbroken line decisions frequently applied ground motion damages awarded jury excessive inadequate footnotes omitted grounds granting new trial want notice trial flagrant misbehavior party prevailing toward jury may influenced verdict gross misbehavior jury among also appears judge report certified jury brought verdict without contrary evidence reasonably dissatisfied therewith given exorbitant damages judge misdirected jury found unjustifiable verdict blackstone commentaries laws england footnotes omitted emphases omitted see ibid new trial granted appears judge report certified jury brought verdict without contrary evidence reasonably dissatisfied therewith see berks mason say eng bright eynon burr eng see also note limitations trial jury illinois rev exhaustive examination early english cases revealed single case english common law ever granted new trial evidence unless judge judges sat jury stated open certified verdict evidence dissatisfied verdict justice stevens understands blackstone say new trials granted excessiveness even nisi prius judge dissatisfied damages awarded see ante blackstone phrasing certainly allows reading see supra indications suggest dissatisfaction presiding judge played role motion new trial based claim excessive damages based claim erroneous verdict see boulsworth pilkington jones eng anonymous wils eng redshaw brook wils eng sharpe brice black eng cases cited justice stevens ante contrary one case tried bar nisi prius judge see wood gunston sty eng judge presided trial panel ruled new trial motion recommended new trial see bright eynon supra eng second circuit notwithstanding practice respect excessiveness claims review district determination jury liability ruling supported weight evidence see stonewall ins asbestos claims management decision one rulings simply unavailable appellate review eighth circuit questioned whether seventh amendment permits appellate review determinations see thongvanh thalacker see also white pence loss understand charge keeping faith requiring courts appeals destroy uniformity federal practice ante thought decisions established uniformity commentators observations astonishing us actually heed precedents see quoting wright miller kane federal practice procedure section ed prediction today fulfills gasoline products champlin refining case cited arguably involved slightest departure practices regarding review jury findings held sure new trial ordered damages alone even though common law practice setting verdict aside part satisfying change one form rather substance quoting lord mansfield effect form sake must set aside whole verdict quoting edie east india black eng hardly maintained whether jury damages award may set aside appeal matter form also cites wright miller federal practice procedure section ed discussion federal rule civil procedure permits motion judgment matter law neglects mention discussion held reservation decision fashion recognized common law section since reject application new york standard grounds need consider whether constitutes reexamination jury verdict manner otherwise according rules common law justice stevens thinks award exceeds lawful result legal error may corrected appellate ante sort legal error involved imposition legal consequences case damages light facts law may warrant suggest every fact may reviewed may ensue erroneous factual determination legal error destroy notion factfinding function reserved jury shocks conscience standard traditional one seem clear opinion justice story quoted approvingly ante effect remittitur granted clearly appear jury given damages excessive relation person injury blunt little cas cc mass agree entire progression reasoning ante leading conclusion state law must determine hether damages excessive question whether damages excessive quite separate question jury award may set aside excessiveness see supra latter governed rule said district courts determine reference federal standards developed rule whether new trial remittitur ordered emphasisadded