Civil Procedure Keyed to Marcus
Gasperini v. Center for Humanities, Inc
Facts
William Gasperini (Petitioner), a journalist for CBS News and the Christian Science Monitor, reported events within Central America during a seven year period from 1984 through 1990. During this time, Petitioner took over five thousand slide transparencies of war zones, political leaders and daily life in Central America. In 1990, Petitioner agreed to supply his original transparencies to the Center for Humanities, Inc. (Respondent), for use in an educational video entitled “Conflict in Central America.” Petitioner selected three hundred transparencies for use in making the video. However, despite the fact that the Respondent agreed to return the transparencies, when the project was complete, the transparencies could not be located. Petitioner filed suit in the United States District Court for the Southern District of New York, under diversity jurisdiction, alleging several state-law claims for relief, including breach of contract, conversion and negligence. After trial, the jury awarded Petitioner, $450,000. The Respondent moved for a new trial, in part on the grounds of excessiveness in the jury award. The United States Court of Appeals for the Second Circuit vacated the jury award and ordered a new trial, unless Petitoner agreed to an award of $100,000.
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