Case Resources
Search this Case
in Google Scholar
on the Web
Google Web Search
MSN Web Search
Yahoo! Web Search
in the News
Google News Search
Google News Archive Search
Yahoo! News Search
in the Blogs
BlawgSearch.com Search
Google Blog Search
Technorati Blog Search
in other Databases
Google Book Search
Justia Research Resources
Justia.com
Supreme Court Center
US Regulation Tracker
US District Court Opinions
Federal District Court Civil Case Filings
Legal Blog Search
Legal Podcast Search
USA Constitution Annotated
Online Research Resources
Cornell LII
Cornell Wex Dictionary & Encyclopedia
LLRX.com - Legal Research
Expert Witness Directory
Nolo Consumer & Business
US Court Forms
WashLaw Directory
World LII
Cases Provided By
Creative Commons
public.resource.org
Robert J. Seltzner, Plaintiff-appellant, v. Rdk Corporation, an Indiana Corporation D/b/a Cortney'srestaurant, Defendant-appellee
United States Court of Appeals, Seventh Circuit. - 756 F.2d 51
Submitted Jan. 31, 1985.Decided March 6, 1985
Gregory X. Gorman and H. Candace Gorman, Gorman & Gorman, Chicago, Ill., for plaintiff-appellant.
Thomas C. Broderick and James R. Quinn, Quinn & Broderick, Chicago, Ill., for defendant-appellee.
Before CUMMINGS, Chief Judge, and POSNER and FLAUM, Circuit Judges.
PER CURIAM.
The jury in this diversity personal-injury case brought in a verdict for the plaintiff of $69,500. On the defendant's motion the district judge ordered a new trial unless the plaintiff would agree to remit $29,500 of the jury's award. The plaintiff has appealed from this order, and the defendant has moved to dismiss the appeal.
An order for a new trial is not a final order appealable under 28 U.S.C. Sec. 1291; and since the plaintiff in this case refused to accept the remittitur, the order from which he is appealing is an order for a new trial, and is not appealable. Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33, 101 S.Ct. 188, 66 L.Ed.2d 193 (1980) (per curiam). If the plaintiff isn't satisfied with the outcome of the new trial he can appeal from the judgment entered at the conclusion of that trial and can seek reinstatement of the original jury award. See id. at 36, 101 S.Ct. at 190. We add for completeness that if the plaintiff had accepted the remittitur, he could not appeal at all. Donovan v. Penn Shipping Co., 429 U.S. 648, 97 S.Ct. 835, 51 L.Ed.2d 112 (1977) (per curiam).
Appeal Dismissed.