Legal Question in Employment Law in California

If the damages awarded to me are lower than what I anticipated and I appeal, do I lose what was originally awarded to me if I lose the appeal?


Asked on 12/18/11, 4:17 pm

1 Answer from Attorneys

It depends on too many factors to answer your question. Appealing the amount of damages only is almost a sure loser, since the court of appeals only receives the written record and will not second guess a judge or jury who heard the whole trial. Only if the amount awarded could not possibly have been the right amount based on the evidence and applicable law, will the court of appeals rule in your favor. If a reasonable judge or jury that heard the entire trial and reviewed the exhibits could have come to the conclusion that the judge or jury in your case came to, the court of appeal will uphold the decision, even if they think they might have ruled differently. So if that is the only issue on appeal, and you lose, the amount awarded actually stands, less the cost to the other side of the appeal which you will have to pay. If the other side cross-appeals, however, there is no way to tell what might happen without knowing the entire case. Also, if you WIN the appeal, it could be sent back to the trial court for a new trial which you could lose entirely, or it could be sent back just for a new determination of damages, which could come out more or less. It would be extremely unusual for the court of appeal to make its own decision on damages and order the trial court to enter a new higher amount for you.

Read more
Answered on 12/18/11, 6:27 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California