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GASPERINI v. CENTER FOR HUMANITIES, INC.

No. 95-719.

518 U.S. 415 (1996)

GASPERINI v. CENTER FOR HUMANITIES, INC.

United States Supreme Court.

Decided June 24, 1996.

Attorney(s) appearing for the Case

Samuel A. Abady argued the cause for petitioner. With him on the briefs were Jonathan S. Abady, Matthew D. Brinckerhoff, and Andrew Dwyer.

Theodore B. Olson argued the cause for respondent. With him on the brief were Theodore J. Boutrous, Jr., Douglas R. Cox, Mark Snyderman, and Francis A. Montbach.*

Ginsburg, J., delivered the opinion of the Court, in which O'Connor, Kennedy, Souter, and Breyer, JJ., joined. Stevens, J., filed a dissenting opinion, p. 439. Scalia, J., filed a dissenting opinion, in which Rehnquist, C. J., and Thomas, J., joined, p. 448.

Justice Ginsburg, delivered the opinion of the Court.

Under the law of New York, appellate courts are empowered to review the size of jury verdicts and to order new trials when the jury's award "deviates materially from what would be reasonable compensation." N. Y. Civ. Prac. Law and Rules (CPLR) § 5501(c) (McKinney 1995). Under the Seventh Amendment, which governs proceedings in federal court, but not in state court, "the right of trial by jury shall be preserved...

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