Supreme Court Gives States the Green Light to Infringe Copyrights

MICHAEL C. DORF

Cornell law professor Michael C. Dorf comments on a recent decision in which the U.S. Supreme Court held that Congress lacked constitutional authority to enact the Copyright Remedy Clarification Act of 1990, which gives individuals the right to sue a state for damages for copyright infringement. Dorf describes the complexity of the Court’s sovereign immunity doctrine and points out the Court’s peculiar failure to simply invalidate a portion of the statute while severing and preserving the valid portions and/or applications of it—which the Court has done in some other cases.

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Lunsford v. Shy

Docket: 18-0595

Opinion Date: March 27, 2020

Judge: Jenkins

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court affirmed the order of the circuit court denying Petitioners' Rule 50(b) motion for judgment as a matter of law, Rule 59(a) motion for a new trial, and Rule 59(e) motion to alter or amend the judgment, as provided for by the West Virginia Rules of Civil Procedure, holding that the circuit court did not err. Respondent filed a complaint alleging that Petitioners, two correctional officers, used excessive force against him. The jury found that Petitioners used excessive force on Respondent and committed the civil tort of battery on Respondent. The jury award compensatory damages of $0 and punitive damages of $4,500. Petitioners filed a Rule 50(b) motion for judgment as a matter of law and motions pursuant to Rules 59(a) and (e) for a new trial and/or to alter or amend the judgment, arguing that there was no reasonable relationship between the compensatory damages and punitive damages award. The circuit court denied the motions. The Supreme Court affirmed, holding that the circuit court did not err in (1) allowing punitive damages to be recovered by Respondent without an accompanying award of compensatory or nominal damages; and (2) failing to apply the provisions of the Prison Litigation Reform Act, 42 U.S.C. 1997e, to Petitioners.

Zsigray v. Langman

Docket: 18-0461

Opinion Date: March 27, 2020

Judge: Armstead

Areas of Law: Personal Injury

The Supreme Court affirmed the order of the circuit court granting summary judgment in favor of Cindy Langman on John Zsigray's claims for outrage and intentional infliction of emotional stress and reversed the order granting Langman's motion to dismiss the defamation claim regarding statements she made to a law enforcement officer, holding that Zsigray's complaint included sufficient allegations to withstand a motion to dismiss on this portion of the defamation claim. After a law enforcement officer's investigation into an incident at McDonald's Zsigray was charged with criminal harassment. Following a jury trial at which Langman testified Zsigray was found not guilty. Zsigray later filed a complaint against Langman, alleging, inter alia, defamation. The defamation claim was based on Langman's statements to the officer and her testimony. The circuit court granted Langman's motion to dismiss. The Supreme Court affirmed in part and reversed in part, holding that the circuit court (1) properly ruled that Langman's testimony during the magistrate court trial judge was entitled to absolute immunity from Zsigray's defamation claim; (2) erred in ruling that Langman's statements to the officer were also absolutely privileged; and (3) did not err by granting Langman's motion for summary judgment on the outrage and intentional infliction of emotional distress claims.