§Why CasetextPricing

Sony BMG Music Entertainment et al v. Tenenbaum

RESPONSE to Motion re MOTION for New Trial and Memorandum in Defense of the Constitutionality of the Statutory Damages Provision of the Copyright Act

32 Cited authorities

  1. State Farm Mut. Automobile Ins. Co. v. Campbell

    538 U.S. 408 (2003)   Cited 2,684 times   51 Legal Analyses
    Holding that an award of $145 million in punitive damages on a $1 million compensatory verdict violated due process

  2. BMW of North America, Inc. v. Gore

    517 U.S. 559 (1996)   Cited 2,863 times   43 Legal Analyses
    Holding that a $2 million punitive damages award was "grossly excessive" and therefore exceeded the constitutional limit

  3. Browning-Ferris Industries v. Kelco Disposal

    492 U.S. 257 (1989)   Cited 877 times   1 Legal Analyses
    Holding that the Eighth Amendment applies "primarily, and perhaps exclusively, to criminal prosecutions and punishments" and does not apply to punitive damages in a civil suit

  4. Lyng v. Northwest Indian Cemetery Protective Ass'n

    485 U.S. 439 (1988)   Cited 793 times   3 Legal Analyses
    Holding that an adherent was not entitled to challenge a third party's actions that offended his beliefs

  5. Feltner v. Columbia Pictures Television, Inc.

    523 U.S. 340 (1998)   Cited 445 times   4 Legal Analyses
    Holding that the Seventh Amendment includes a right to a jury determination of statutory damages under § 504(c) of the Copyright Act, but not addressing the fact that the Act limits damages to amounts between $500 and $20,000

  6. Eldred v. Ashcroft

    537 U.S. 186 (2003)   Cited 192 times   6 Legal Analyses
    Holding that “every idea, theory, and fact in a copyrighted work becomes instantly available for public exploitation at the moment of publication.”

  7. City of Burbank v. Lockheed Air Terminal

    411 U.S. 624 (1973)   Cited 383 times   2 Legal Analyses
    Holding that a local ordinance barring overnight takeoffs and landings is preempted by the Federal Aviation Act, one purpose of which is to ensure the "efficient utilization" of airspace

  8. Woolworth Co. v. Contemporary Arts

    344 U.S. 228 (1952)   Cited 442 times
    Holding that whether trial court's "discretionary resort to estimation of statutory damages is just should be determined by taking into account ... the difficulties in the way of proof of either" actual damages or lost profits and that "[l]ack of adequate proof on either element would warrant resort to the statute in the discretion of the court."

  9. Buchanan v. Maine

    469 F.3d 158 (1st Cir. 2006)   Cited 255 times
    Holding there was no ADA claim where "plaintiff's claim came down to specifics that demonstrated that the claim was not about discriminatory denial of services, but rather about the adequacy of treatment"

  10. Correa v. Hospital San Francisco

    69 F.3d 1184 (1st Cir. 1995)   Cited 318 times
    Holding that "[t]he essence of [the EMTALA's requirement] is that there be some screening and that it be administered evenhandedly"

  11. Rule 50 - Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling

    Fed. R. Civ. P. 50   Cited 13,633 times   62 Legal Analyses
    Allowing "renewed motion"

  12. Section 101 - Definitions

    17 U.S.C. § 101   Cited 6,361 times   175 Legal Analyses
    Recognizing the United States' adherence to provisions of the Berne Convention of 1886

  13. Section 504 - Remedies for infringement: Damages and profits

    17 U.S.C. § 504   Cited 3,608 times   56 Legal Analyses
    Stating that, where "infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000"

  14. Section 102 - Subject matter of copyright: In general

    17 U.S.C. § 102   Cited 2,255 times   120 Legal Analyses
    Granting protection to "literary works"