Re: Constitution Requires Jury re Stat. Damages

Mark Lemley <mlemley[_at_]mail.law.utexas.edu> wrote, apropos the Feltner decision:
>
> if a jury comes back with a low actual damages award, and the plaintiff
> asks for statutory damages instead, the defendant can demand that the
> statutory damage calculation go to the jury? The same jury that awarded
> actual damages? Or a reconstituted one (assuming they make the demand
> several days later)?

A colleague of mine opines:

it's an interesting question. my guess is that the savvy judge will require you to submit special verdict forms that include both stat and actual; the jury will decide both; and then the plaintiff will pick the higher of the two, I don't see judges hanging onto the jury or taking more evidence (on the statutory issues) after the jury has deliberated and reached a verdict--the judge's inclination will be to dismiss the jury (and then it cannot come back).

Bob Cumbow
<cumbr[_at_]perkinscoie.com> Received on Thu Apr 02 1998 - 17:55:28 GMT