434
Opinion of the Court
In contrast, appellate review of a federal trial court's denial of a motion to set aside a jury's verdict as excessive is a relatively late, and less secure, development. Such review was once deemed inconsonant with the Seventh Amendment's Reexamination Clause. See, e. g., Lincoln v. Power, 151 U. S. 436, 437-438 (1894); Williamson v. Osenton, 220 F. 653, 655 (CA4 1915); see also 6A Moore's Federal Practice
¶ 59.08[6], at 59-167 (collecting cases). We subsequently recognized that, even in cases in which the Erie doctrine was not in play—cases arising wholly under federal law— the question was not settled; we twice granted certiorari to decide the unsettled issue, but ultimately resolved the cases on other grounds. See Grunenthal v. Long Island R. Co., 393 U. S. 156, 158 (1968); Neese v. Southern R. Co., 350 U. S. 77 (1955).17
Before today, we have not "expressly [held] that the Seventh Amendment allows appellate review of a district court's denial of a motion to set aside an award as excessive." Browning-Ferris Industries of Vt., Inc. v. Kelco Disposal, Inc., 492 U. S. 257, 279, n. 25 (1989). But in successive reminders that the question was worthy of this Court's attention, we noted, without disapproval, that courts of appeals engage in review of district court excessiveness determinaing the "incongruous position" that "a federal trial court may deny a motion for a new trial where the plaintiff consents to decrease the judgment to a proper amount," but may not condition denial of the motion on "the defendant's consent to a comparable increase in the recovery." Dimick v. Schiedt, 293 U. S., at 495.
17 Dissenting from the Court's professed refusal to answer the question presented in Grunenthal v. Long Island R. Co., Justices Harlan and Stewart observed that in Grunenthal itself, this Court indeed had reviewed the refusal of the District Court to set aside a jury verdict for excessiveness. 393 U. S., at 163 (Harlan, J., dissenting); id., at 164-165 (Stewart, J., dissenting). Justice Harlan commented: "Like my Brother Stewart, I am at an utter loss to understand how the Court manages to review the District Court's decision and find it proper while at the same time proclaiming that it has avoided decision of the issue whether appellate courts ever may review such actions." Id., at 163.
Page: Index Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 NextLast modified: October 4, 2007