| |
| | Gasperini v. Center For Humanities, Inc., 517 U.S. 1102 (1996). |
 | | Petitioner Gasperini, a journalist and occasional photographer, loaned 300 original slide transparencies to respondent Center for Humanities, Inc. When the Center lost the transparencies, Gasperini commenced suit in the United States District Court for the Southern District of New York, invoking the court's diversity jurisdiction. |
 | | The Court of Appeals for the Second Circuit, observing that New York law governed the controversy, endeavored to apply CPLR §5501(c) to evaluate the Center's contention that the verdict was excessive. |
 | | Guided by New York Appellate Division decisions reviewing damage awards for lost transparencies, the Second Circuit held that the $450,000 verdict "materially deviates from what is reasonable compensation." The court vacated the judgment entered on the jury verdict and ordered a new trial, unless Gasperini agreed to an award of $100,000. |
| supct.law.cornell.edu /supct/html/95-719.ZS.html (1243 words) |
|