Re: Feltner reversed today (31 Mar 98)

On 04/02/98, Thomas F. Cotter <cotter[_at_]law.ufl.edu> wrote:
>
> It is my understanding that, until the Supreme Court's decision
> yesterday in Feltner, a plaintiff seeking statutory damages in a
> copyright action had a right to a jury determination of actual damages
> or profits, and then if he was dissatisfied with the amount of the
> damages awarded he could, before entry of judgment in accordance with
> the jury verdict, ask for a judicial determination of statutory damages.
> Does Feltner mean that the plaintiff can ask for a jury determination of
> statutory damages after the same jury has come back with an actual
> damages verdict that he finds disappointing?

Before yesterday, you would elect at the close of the evidence whether to ask the jury for actuals or the judge for statutory. I would argue that the same procedure would be followed now - i.e., elect which theory to argue to the jury before the closing, so the judge can instruct on the applicable theory.

James Goggin
Verrill & Dana
Portland, ME
<jgg[_at_]verdan.com> Received on Thu Apr 02 1998 - 13:34:06 GMT