Jammie Thomas Decides To Appeal Constitutionality Of $1.92 Million Damages Award

from the and-away-we-go... dept

As we speculated earlier this week, given the silence from the Jammie Thomas camp since the $1.92 million verdict against her, we assumed she was gearing up for an appeal -- and that's now been confirmed. Thomas' lawyer has announced that Thomas has decided to appeal, questioning the constitutionality of the statutory damages awarded, which was the obvious attack point. It will be interesting to see who gets involved in actually managing the appeal.
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Filed Under: appeal, constitution, copyright, jammie thomas, statutory damages
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  1. icon
    LostSailor (profile), 2 Jul 2009 @ 8:10am

    Re: if shes attacking the constiutionality...

    This may be a tough argument to make. This is not about just the constitutionality of the "excessive" damage award by the jury. The Supreme Court has ruled that sometimes excessive award by a jury are unconstitutional. But the court was ruling on instances where the law didn't set a penalty, the damages were entirely up to the jury to decide on.

    In this case, Congress has specifically considered and decided on the range of monetary awards in the statute. This is a different thing. The statute limits the available awards (at a rather ridiculously high amount, but still it's a limit) and the jury didn't award the maximum they could have. While this might seem excessive, whether it violates the constitution may be a difficult argument to make.

    I gotta agree with the first post. This is potentially a big mistake. Not to say Jammie shouldn't appeal on this issue, but she should recognize that if she loses, any settlement, if one is still offered, is likely to be far higher than if she negotiated a settlement now.

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