Re: cert petition granted

On Thu, 16 Oct 1997, Terry Carroll <carroll[_at_]tjc.com> wrote:
>
> It would surprise me that there could be a split where
> a court of appeals could find that the amount of the statutory damages
> is a question for the jury, in light of the text of the statute.

After a night's sleep, I think I have to modify this. If the issue is construction of the statute, I'll stay with the above. However, it occurs to me that the statute itself may subject to a Seventh Amendment attack.

Again, I'd be interested in reading the lower court case (and the case(s) from the conflicting circuit(s), if applicable). What was the question as certified for argument?

--
Terry Carroll         |   1995 Cleveland Indians: "Major League"
Santa Clara, CA       |   1997 Cleveland Indians: "Major League 2"
carroll[_at_]tjc.com       | 
Modell delendus est   |   Go, Tribe!  Squish the Fish!