O'BRIEN

v.

FIRST NATIONAL BANK, TRUSTEE

Citator

Cited By

• Edwards v. Sears, 512 F.2d 276 (5th Cir. 1975)
  …lopping $450,000 off the award, or whether a new trial is necessary. Appellants argue that any finding of passion or prejudice automatically requires a new trial, relying on Brabham v. State of Mississippi, 5 Cir., 1938, 96 F. 2d 210, cert. denied, 305 U.S. 636, 59 S.Ct. 103, 83 L.Ed. 409, where this court commented: Verdicts made excessive by the passion and prejudice springing from indulgence, in the jury room, in such feelings, may not be cured by a remittitur, but only by a new trial. Id. 96 F. 2d at…
• Jules Simeon, Sr. v. T. Smith & SON, Inc., 852 F.2d 1421 (5th Cir. 1988)
  …mount to be awarded may be cured by a remittitur, that excessiveness which results from passion and prejudice, however natural the resentment which arouses it, may not be so cured.” Brabham v. Mississippi, 96 F. 2d 210, 214 (5th Cir.), cert. denied, 305 U.S. 636, 59 S.Ct. 103, 83 L.Ed. 409 (1938). A new trial must be ordered when the verdict results from passion and prejudice. Smith argues that Simeon made several improper attempts to arouse passion and prejudice in the jury. His counsel asked Simeon to wa…
• Mooney v. Henderson Portion Pack Co., Inc., 339 F.2d 64 (6th Cir. 1964)
  …ules of Civil Procedure; Fairmount Glass Works v. Cub Fork Coal Co., 287 U.S. 474, 481, 53 S.Ct. 252, 77 L.Ed. 439; Ford Motor Co. v. Mahone, 205 F. 2d 267, 272, C.A.4th; Brabham v. State of Mississippi, 96 F. 2d 210, 213-214, C.A.5th, cert, denied, 305 U.S. 636, 59 S.Ct. 103, 83 L.Ed. 409; General Corp. v. General Motors Corp., 184 F.Supp. 231, 243, D.C.Minn. This Court also recognized the right of the trial judge to do so in the following cases, although the ruling that the verdict was not excessive was a…