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Motion Denied!


“The Court has fully considered Professor Nesson’s submissions

and concluded that the proposed brief would NOT be of assistance to the court.”


not so much as thank you for the effort


The opening paragraphs of my rejected offering in friendship were:

Federal Rule 59(d) empowers the Court on its own motion
to “order a new trial for any reason that would justify
granting one on a party‚Äôs motion.”

Jammie Thomas has been tried three times, each time
according to a script that has led to outlandish jury
awards. Clearly something is wrong in the interpretation and
application of the law that produces and replicates such

Amicus Curiae urges the Court, on its own motion, to
recognize the errors of the previous proceedings against
Jammie Thomas and to enter a judgment in her favor
notwithstanding the verdict.

Here’s the full brief


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