MING YU HE v. MILLER

A-81 September Term 2009.

24 A.3d 251 (2011)

207 N.J. 230

MING YU HE and Jinfang He, her husband, Plaintiffs-Respondents, v. Enilma MILLER, Defendant-Appellant, and Randy Miller, Defendant.

Supreme Court of New Jersey.

Decided May 12, 2011.


Attorney(s) appearing for the Case

Michael J. Marotte argued the cause for appellant (Schenck, Price, Smith & King, attorneys; Mr. Marotte and Sandra Calvert Nathans , Florham Park, on the briefs).

August R. Soltis argued the cause for respondents.

William C. Carey , Morristown, argued the cause for amicus curiae Insurance Council of New Jersey (McElroy, Deutsch, Mulvaney & Carpenter, attorneys).

Amos C. Gern argued the cause for amicus curiae New Jersey Association for Justice (Starr, Gern, Davison & Rubin, attorneys; Mr. Gern and Robert C. Sanfilippo , Roseland, on the brief).

Gerald H. Baker , Hoboken, argued the cause for amicus curiae New Jersey State Bar Association ( Richard H. Steen , President, attorneys; Mr. Baker and Mr. Steen , on the brief).


Justice HOENS delivered the opinion of the Court.

This appeal, and its complex procedural path, starkly illustrates the profound difficulties that our trial courts and appellate tribunals continue to encounter as they seek to understand and apply the concepts surrounding remittitur. As such, it challenges this Court to create a workable template to guide both the trial and appellate courts when they are called upon to apply the remittitur device. In addressing the...

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