The remedies of remittitur in New Jersey practice have required the consent of only one party. If the plaintiff accepts the remitted amount the defendant is bound and judgment is entered. In additur if the defendant accepts the added amount the plaintiff is bound. In Orientale - a UIM case - the additur left plaintiff with nothing because it did not exceed the negligent driver's insurance coverage.
In Orientale v. Jennings, a unanimous opinion authored by Justice Barry Albin, the court declares that a judge may not cram down a reduced or added verdict. Unless both parties consent to the trial judge's proposal a new trial is mandated. Effectively the remittitur or additur is now a judicially recommended settlement.
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