Originally Posted By: bigboy
Doesn't a trial have two parts, liability and damages?? Can't the defendant just appeal the damages as being excessive??? I've been away from this shit for along time.


Damages in a civil case, like a sentence in a criminal case, may be appealed on grounds that there was an abuse of discretion. What normally happens in these appeals is that the parties settle for a figure close to what the jury awarded. As long as there is a basis on which one can reasonably explain a relationship of compensatory and punitive damages to the harm, the award generally stands.

Public figures rarely prevail on defamation cases due to the extremely difficult burden they have to overcome, and, accordingly, the suits are relatively rare. Carol Burnett was one of the first to succeed in establishing malice when she sued the National Enquirer about 35 years ago.