Monday, March 18, 2013

Cert denied in Capitol Records v Thomas-Rasset

Hat tip to Phil Usher and

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


mathinker said...

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)?

raybeckerman said...

At this point the case is over.

mathinker said...

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?

raybeckerman said...

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