Casey v. Long Island R.R. Co., 04-4251
An order finding that a monetary verdict is so high as to shock the judicial conscience, and requiring a new trial unless the claimant accepts a remittitur, is not a question of law as to which an immediate interlocutory appeal is appropriate under 28 U.S.C. section 1292(b).
- Decided 04/28/2005
- Published 04/28/2005
KEARSE, Circuit Judge., Before: OAKES, KEARSE, and SACK, Circuit Judges.
United States Second Circuit
Michael Flynn, Garden City, New York, for Plaintiff-Petitioner.
William J. Blumenschein, Jamaica, New York (Mary Jennings Mahon, General Counsel, Jamaica, New York, on the brief), for Defendant-Respondent.