The TR Company

First blush rule

8/5/19 First blush rule

First blush rule is a common-law principle that allows a court to set aside a verdict as excessive because the verdict appears to be given under the influence of passion or prejudice and in disregard of the evidence.

The “first blush” rule can be traced to Huckle v. Money, where the court held that an award of damages may be set aside by a reviewing court as excessive when the damages are “outrageous” and “all mankind at first blush must think so.”