Gasperini v. Center for Humanities, Inc.: Difference between revisions

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'''Holding/Decision'''
'''Holding/Decision'''


Using the outcome determinative test of “bad” Hanna, the court concludes that this would encourage forum shopping and unfairly administer laws.
Using the outcome determinative test of “bad” [[Hanna v. Plumer]], the court concludes that this would encourage forum shopping and unfairly administer laws.





Latest revision as of 18:39, March 7, 2020

Gasperini v. Center for Humanities, Inc.
Court U.S. Supreme Court
Citation 518 U.S. 414 (1996)
Date decided 1996

Facts

Journalist lent slides to an organization, and they lost them. Judgment for $450,000 in damages. State law said on appeal the damage calculation should be rejected if unreasonable. Contrary federal rule says you only overturn a jury verdict if it shocks the conscience of the court.


Issues

Dispute as to the rules applied to calculation of damages.


Holding/Decision

Using the outcome determinative test of “bad” Hanna v. Plumer, the court concludes that this would encourage forum shopping and unfairly administer laws.


Rules

Limiting the amount of money a defendant walks out of court with is substantive, but the part about how a court reviews is procedural.