Statutory Damages and the Tenenbaum Litigation
Suggested ReadingsDefendant's Opposition to Plaintiffs' Motion to Dismiss Counterclaims
This is Nesson's most complete articulation to date of his main legal theory: that the copyright holders in this case are in effect litigating a criminal enforcement action under the guise and rubric of civil litigation. Some of Nesson's rhetoric here is at best odd. Regardless, there are important substantive concerns sketched in this brief, including both substantive and procedural due process claims relating to the nature and size of the statutory damages award at issue.
Philip Morris v. Williams
In this 2007 Supreme Court decision, the Court articulates certain rules about the nature and scope of permissible (civil) punitive damages awards. Most notably, the Court seems to require that any such award be guided by standards sufficient to “cabin [a] jury's discretionary authority.
How Should Punitive Damages Work?
This forthcoming law review article by Professor Dan Markel endeavors to not only summarize the current law about punitive damages in civil cases, but also to overlay a more complete theoretical understanding about where punitive damages fit into the broader social purposes of punishment.
