In this appeal, the New Jersey Supreme Court considered “whether a new trial on all damages is required when a jury is improperly instructed on nominal damages, and a plaintiff opposes remittitur.” Graphnet sued Retarus for slander and defamation. The trial court instructed the jury according to Model Civil Jury Charge 8.46, which instructs a jury on the elements of defamation. Neither party objected to the instructions at trial. The jury awarded Graphnet $0 in compensatory damages but $800,000 in nominal damages. Retarus filed a motion for remittitur. Graphnet opposed the motion. The trial court granted Retarus’s motion, and Graphnet appealed. The Supreme Court held that, as the Appellate Division ruled, remittitur was improper withoutGraphnet’ss consent. Moreover, the Court ordered a new damages trial because the jury was not instructed correctly on actual and nominal damages. The Court also referred Model Civil Jury Charge 8.46D to the Committee on Model Civil Jury Charges to be amended.
