United States Second Circuit

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).

Appellate Information

• Decided 04/28/2005
• Published 04/28/2005

Judges

• KEARSE, Circuit Judge., Before:  OAKES, KEARSE, and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Michael Flynn, Garden City, New York, for Plaintiff-Petitioner.


• For Appellees:
  
• William J. Blumenschein, Jamaica, New York (Mary Jennings Mahon, General Counsel, Jamaica, New York, on the brief), for Defendant-Respondent.