In Capitol Records v. Thomas, the RIAA's motion for permission to appeal from the Court's September 24, 2008, decision setting aside the jury verdict has been denied.
District Judge Michael J. Davis ruled that there was "no substantial ground for a difference of opinion" on the question of law presented, and that granting permission for the appeal would not "materially advance the ultimate termination of the litigation".
Judge Davis noted that even "[i]f the Eighth Circuit holds that Jury Instruction No. 15 was a correct statement of the law, this Court must still address the constitutionality of the damages award and the possibility of a retrial remains." Judge Davis has previously observed that "the damages awarded in this case are wholly disproportionate to the damages suffered by Plaintiffs."
December 23, 2008, Decision of Hon. Michael J. Davis, denying RIAA motion to certification of interlocutory appeal
[Ed. note. For you non-lawyers out there: (a) in federal practice, only final judgments are normally appealable; (b) for an order in a federal case to be appealable, the trial court first has to "certify" the order for an "interlocutory" appeal; (c) if the trial court certified it for an appeal, then the appeals court would decide whether it is appealable. Here the trial court has denied the request for certification, so the RIAA's request for an appeal is over. -R.B.]
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