468
Scalia, J., dissenting
actions at law in the courts of the United States." (Emphasis added.) That is undeniably a federal standard.12 Federal District Courts in the Second Circuit have interpreted that standard to permit the granting of new trials where " 'it is quite clear that the jury has reached a seriously erroneous result' " and letting the verdict stand would result in a " 'miscarriage of justice.' " Koerner v. Club Mediterranee, S. A., supra, at 331 (quoting Bevevino v. Saydjari, 574 F. 2d 676, 684 (CA2 1978)). Assuming (as we have no reason to question) that this is a correct interpretation of what Rule 59 requires, it is undeniable that the Federal Rule is " 'sufficiently broad' to cause a 'direct collision' with the state law or, implicitly, to 'control the issue' before the court, thereby leaving no room for the operation of that law." Burlington Northern R. Co. v. Woods, 480 U. S. 1, 4-5 (1987). It is simply not possible to give controlling effect both to the federal standard and the state standard in reviewing the jury's award. That being so, the court has no choice but to apply the Federal Rule, which is an exercise of what we have called Congress's "power to regulate matters which, though falling within the uncertain area between substance and procedure, are rationally capable of classification as either," Hanna, 380 U. S., at 472.
* * *
There is no small irony in the Court's declaration today that appellate review of refusals to grant new trials for error of fact is "a control necessary and proper to the fair adminis-12 I agree with the Court's entire progression of reasoning in its footnote 22, ante, at 437, leading to the conclusion that state law must determine "[w]hether damages are excessive." But the question whether damages are excessive is quite separate from the question of when a jury award may be set aside for excessiveness. See supra, at 465. It is the latter that is governed by Rule 59; as Browning-Ferris said, district courts are "to determine, by reference to federal standards developed under Rule 59, whether a new trial or remittitur should be ordered," 492 U. S., at 279 (emphasis added).
Page: Index Previous 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 NextLast modified: October 4, 2007