MUNCEY v. EYEGLASS WORLD, LLC

No. 29,813.

289 P.3d 1255 (2012)

2012-NMCA-120

Willis S. MUNCEY, Plaintiff-Appellee, v. EYEGLASS WORLD, LLC, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied, November 1, 2012, No. 33,842.


Attorney(s) appearing for the Case

Bauman, Dow & León, P.C., Christopher P. Bauman , Alberto A. León , Brian G. Grayson , Rose Bryan, P.C., Rose Bryan , Albuquerque, NM, for Appellee.

Modrall, Sperling, Roehl, Harris & Sisk, P.A., Emil J. Kiehne , Albuquerque, NM, Reed Smith LLP, Raymond A. Cardozo , San Francisco, CA, for Appellant.


OPINION

SUTIN, Judge.

{1} A jury awarded Dr. Willis Muncey compensatory and punitive damages against Eyeglass World, LLC, totaling $2,300,002 for breach of contract and for a tort claim based upon conversion of his patient files. Eyeglass World primarily attacks the verdict on grounds of lack of substantial evidence and excessive punitive damages. Eyeglass World also asserts that the Copyright Act, 17 U.S.C. § 301(a) (1998), preempted the...

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