Monday, March 18, 2013

Cert denied in Capitol Records v Thomas-Rasset

Hat tip to Phil Usher and Wired.com

The United States Supreme Court has denied certiorari in Jammie Thomas's case, Capitol Records v. Thomas-Rasset. This means that the award of $222,000, for downloading 24 files, stands.

US Supreme Court order list, March 18, 2013

Commentary & discussion:

Jon Newton
Copmputer World

4 comments:

  1. OK, so now which court decides on the
    exact conditions of payment (as in, which
    of her possessions she can keep, and what
    percentage of her income is garnished for
    paying the remainder)? Is it the district
    court or the appeals court (or, does it
    get decided by the district court and
    then she and/or the plaintiffs can appeal
    if she/they feel like it)?

    ReplyDelete
  2. Ah, so I understand that she has to file
    for personal bankruptcy (Chapter 13), and
    a different Federal court will decide what
    the terms of her debt repayment will be
    with respect to this ruling (and other
    outstanding debts).

    What I don't understand is that it seems
    that Minnesota has state law which restricts
    certain kinds of wage/income garnishment;
    how does state law interact with rulings
    Federal bankruptcy courts?

    ReplyDelete
  3. Dear mathinker, if a debt is discharged in bankruptcy that's the end of it, there is no garnishment.

    ReplyDelete

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