Deviates materially
Term · Law · MLC-T-LAW-001602
The statutory test in New York's CPLR 5501(c) under which an appellate court sets aside or reduces a jury's damages award if it deviates materially from what would be reasonable compensation. Adopted in 1986, it replaced the older, more deferential standard that asked whether the award shocked the conscience of the court. Federal courts sitting in diversity in New York apply it to compensatory awards under the Supreme Court's 1996 Gasperini decision.
| Identifier | MLC-T-LAW-001602 |
|---|---|
| Field | Law |
Record as JSON
{
"id": "MLC-T-LAW-001602",
"term": "Deviates materially",
"field": "Law",
"definition": "The statutory test in New York's CPLR 5501(c) under which an appellate court sets aside or reduces a jury's damages award if it deviates materially from what would be reasonable compensation. Adopted in 1986, it replaced the older, more deferential standard that asked whether the award shocked the conscience of the court. Federal courts sitting in diversity in New York apply it to compensatory awards under the Supreme Court's 1996 Gasperini decision.",
"url": "https://mlchart.com/terminology/law/deviates-materially/"
}
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