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0 tracked cards Delaware Essays

After a Delaware-law diversity trial in federal court, the defendant argues that the jury's damages award is excessive under Delaware's standard for disturbing verdicts. Federal new-trial practice governs the motion mechanism. What should the federal court do?

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Use federal common law because jury verdict review is always a federal issue. Use the larger of the state and federal standards to protect the jury verdict. Use the state-law damages standard while applying federal trial and appellate allocation of functions. Use the state-law standard only if the verdict was entered in state court first.

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