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RIAA's Request For Appeal Denied In Thomas Case
12/28/2008

NewYorkCountryLawyer writes "The RIAA's request for credit to appeal from the decision setting aside its $222,000 jury verdict has been denied by locality Court Judge Michael J. Davis. In a brief, 6-page decision (PDF) the Judge dismissed the RIAA's arguments that there is a 'substantial ground for a disparity of opinion' on the query of law presented, whether the Judge had erred in accepting the RIAA's proposed act act jury instruction that merely 'making files available' could constitute an entrenchment of the plaintiffs' disposal rights. He likewise dismissed their tiff that granting letting for the appeal would 'materially advance the utmost termination of the litigation,' since (a) depending on the outcome of the trial, plaintiffs might not wish to appeal from the judgment, and ( no matter how the appeals court rules on the 'making available' issue, the case will still have to renew in the lower court, since even if the RIAA wins on the 'making available' issue, the Court will still have to address the constitutionality of the large jury verdict, which may result in a new trial." Link To unique




roget's ii: the new thesaurusmain entry:authentic
part of speech:adjective
definition:not counterfeit or copied.
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