Gasperini v. Center For humanities

Gasperini v. Center For humanities - Gasperini v. Center...

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Gasperini v. Center For Humanities, Inc. (5/4 case?) 518 U.S. 415 (1996) Fact: Operative Facts: NY law, appellate courts are empowered to review the size of jury verdicts and order new trials when the jury’s award deviates materially from what would be reasonable compensation. Under the 7 th amendment (governs federal, not state courts), the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the US, than according to the rules of the common law. Gasperini is a journalist for CBS News and the Christain Science Monitor. He had given Center For humanities 300 of his photo slides. They failed to return them, because they had lost them. The jury awarded Gasperini $450k because each slide was worth about $1,500 each. Center For Humanities appealed the jury verdict on various grounds, including excessiveness. Appeals court then applied NY’s law (above), and so appeals court set aside the $450k verdict and ordered a new trial, unless Gasperini agreed to an award for 100k. Issue:
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This note was uploaded on 12/20/2011 for the course CIV PRO 141 taught by Professor Daucher during the Fall '11 term at Western State Colorado University .

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