Amicus
News
No.
2. May 1, 1996
Supreme
Court Weighs Judges Power to Set Aside Awards
On April
16, the U.S. Supreme Court heard oral arguments in Gasperini v. Center
For Humanities, No. 95-719, a case of great potential significance to
preserving the right to trial by jury.
The Center
lost a number of photographic transparencies belonging to photo-journalist
Gasperini. The trial focused primarily on the amount of damages. The jury
awarded plaintiff $450,000, on the basis of expert testimony as to the value
of the transparen cies. The Second Circuit ordered a reduction to $100,000,
based on awards for the value of transparencies in other cases.
Plaintiff
argued to the Supreme Court that the Second Circuits review of the award
exceeded the authority of federal appellate courts. AAJ filed an amicus
brief arguing the broader position that, while federal courts have authority
to review verdicts t hat are against the manifest weight of the evidence
or the result of passion or prejudice, the Seventh Amendment prohibits any
federal court, trial or appellate, from setting aside the jury's verdict
on the basis of external factors, such as awards in com parable cases.
Much of
the oral argument focused on whether the common law permitted appellate
review of jury verdicts, as distinguished from review by trial judges. In
addition, Justice Ginsberg expressed concern that maintaining separate standards
of review for state and federal courts would create different outcomes,
offending the Erie doctrine. Interestingly, Justice Scalia suggested in
questions to both counsel that punitive damages might be viewed as questions
of law, as distinguished from compensatory awards, wh ich are issues of
fact for the jury.
The oral
argument was featured in the April 22 issue of the National Law Journal.
A decision
is expected before the Courts summer recess, probably in late June. A copy
of AAJs amicus brief can be downloaded from AAJ/NET at www.justice.org
in the Courts section. A limited number of bound copies are available upon
request to Jeffrey White.
Phone:
202-965-3500 x310
FAX: 202-955-0920
E-Mail:
jeffrey.white@justice.org
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