Legal Opinion

Earl v. Bouchard Transportation Co.

Court of Appeals for the Second Circuit

Decided November 2, 1990No. Nos. 33, 93, Dockets 90-7234, 90-7256PublishedCited by 17 opinions

1Opinion of the Court

JOSÉ A. CABRANES, District Judge:

In broad terms, this case presents six primary questions. First, did the district court’s charge to the jury regarding contributory negligence constitute reversible error? Second, was it error for the district court to charge the jury that plaintiff could recover for pain and suffering and loss of life’s pleasures? Third, did the district court abuse its discretion in not unconditionally ordering a new trial? Fourth, did the district court use an improper method of determining the remittitur or abuse its discretion by remitting the amount that it did? Fifth,…

2Cases cited31 opinions

  1. City of Newport v. Fact Concerts, Inc.Supreme Court of the United States · 1981
  2. Dimick v. SchiedtSupreme Court of the United States · 1935
  3. Aguilar v. Standard Oil Co. of NJSupreme Court of the United States · 1943
  4. Farrell v. United StatesSupreme Court of the United States · 1949
  5. Grunenthal v. Long Island Rail RoadSupreme Court of the United States · 1968

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3Cited by17 opinions

  1. Lore v. City of SyracuseCourt of Appeals for the Second Circuit · 2012
  2. Iannone v. Frederic R. Harris, Inc.District Court, S.D. New York · 1996
  3. Myron Ash, as Trustee of the J & W Corporation Liquidating Trust, Cross-Appellee v. Georgia-Pacific Corporation, Cross-AppellantCourt of Appeals for the Seventh Circuit · 1992
  4. Datskow v. Teledyne Continental Motors Aircraft ProductsDistrict Court, W.D. New York · 1993
  5. James C. Earl v. Bouchard Transportation Co., Inc.Court of Appeals for the Second Circuit · 1990

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