Comments on: Grimes v. Raves Motion Pictures FACTA decision reversed https://www.overlawyered.com/2009/04/grimes-v-raves-motion-pictures-facta-decision-reversed/ Chronicling the high cost of our legal system Mon, 13 Apr 2009 21:38:29 +0000 hourly 1 By: Bill https://www.overlawyered.com/2009/04/grimes-v-raves-motion-pictures-facta-decision-reversed/comment-page-1/#comment-44760 Mon, 13 Apr 2009 21:38:29 +0000 http://overlawyered.com/?p=10454#comment-44760 Have to say, Judge Acker is my alltime favorite federal judge. If you remember, he also issued those orders in the Rigsby whistleblower cases that basically blew that thing up.

Always uses his common sense, and he can be brutal to counsel, but overall a brilliant guy-one of the only district judges left who actually believes in the common law and disdains boneheaded statutes.

]]> By: Joe https://www.overlawyered.com/2009/04/grimes-v-raves-motion-pictures-facta-decision-reversed/comment-page-1/#comment-44750 Mon, 13 Apr 2009 20:35:52 +0000 http://overlawyered.com/?p=10454#comment-44750 So….is this a good thing or a bad thing?

]]> By: Deepak Gupta https://www.overlawyered.com/2009/04/grimes-v-raves-motion-pictures-facta-decision-reversed/comment-page-1/#comment-44729 Mon, 13 Apr 2009 15:56:20 +0000 http://overlawyered.com/?p=10454#comment-44729 Not to quibble, but I think you run the risk of considerable overstatement when you say that the court left “open the possibility that the statute would be unconstitutional as applied in a particular case.” It’s true that the court didn’t reach the as-applied question, but that was only because it wasn’t ripe. The court’s reasoning–that FCRA statutory damages are not punitive in nature in the first place and therefore aren’t subject to review even under the extremely deferential Williams standard, let alone State Farm-Gore–effectively dooms any as-applied excessiveness challenge.

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