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Old 07-11-2009, 05:25 PM   #187
Harmon
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Quote:
Originally Posted by HarryT View Post
Given the fact that she knew that she was guilty, it was her choice to go to trial. She would have been far better off - IMHO - just taking the offer and paying up.
It sure does seem like she had poor legal advice, assuming that her lawyers didn't advise her to settle. But remember that the first trial didn't end with a spectacular award, so she probably thought that, worse case scenario, the amount of the award might not be much different.

I don't know anything about the extent to which statutory damages are subject to appellate review. From what little I've read, if this were the first trial, I'd think there's a likelihood that the damage award would be sustained, even if it does seem grossly out of proportion. But since we are dealing with two trials on the same subject matter, and the damage awards are so incredibly different, the court of appeals might not let this last award stand.
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