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February 4, 2005

Spanos Update

By QBlog in

If you're a lawyer or have the time to research this then maybe you can make sense of the two email notifications I received from the California Courts this afternoon regarding the "Spanos Case." I should probably research it but I'm not in the mood.

Received 2:05 p.m.

The following transaction has occurred in:

Spanos v. Quixtar, Inc. et al.
Case No. G034004, District 4, Division 3.

Date (YYYY-MM-DD) 2005-02-03
Event Description: Voluntary dismissal

Ok, so the case was voluntarily dismissed. Not so complicated. But what does this "Remittitur" mean?

Received 3:05 p.m.

The following transaction has occurred in:

Spanos v. Quixtar, Inc. et al.
Case No. G034004, District 4, Division 3

Date (YYYY-MM-DD): 2005-02-03
Event Description: Remittitur issued.

As far as I know the suit is over. This means Quixtar wins. Even if it doesn't mean Quixtar wins, it means Quixtar wins because nobody will ever learn the details of the case.

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Comments  

Well, I ain't no lawyer... but, there is an excellent description at http://www.hartley.com/remitur.htm

and it doesn't necessarily look like Quixtar won yet. but here's a short definition:

1) a judge's order reducing a judgment awarded by a jury when the award exceeds the amount asked for by the plaintiff (person who brought the suit). 2) an appeal's transmittal of a case back to the trial court so that the case can be retried, or an order entered consistent with the appeals court's decision (such as dismissing the plaintiff's case or awarding costs to the winning party on appeal).

Roger

Posted by: Roger, Husband of a Team Brainwashee | February 4, 2005 2:47 AM

A remittitur works like this: The losing side demands a new trial. The judge is inclined to grant one and will ask the winning side, "Do you want me to grant the motion for a new trial, or a remittitur?" The remittitur is a reduction in the winner's total award granted in exchange for the winner not having to undergo a completely new trial, with the risk that the winner might lose everything.

Posted by: Sam, a law student | February 8, 2005 4:28 PM





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