When Chief Judge Michael Davis slashed the jury's award against Jammie Thomas-Rasset from $80,000 to $2,250 per song, he gave the record label plaintiffs two choices: 1) accept the reduced award; or 2) return to Minnesota for a new trial on damages. And he gave them seven days to tell him their decision. Well, it looks like they're having a bit of trouble making up their minds, and are now asking for an additional ten days to mull it all over:
Plaintiffs' request for extension re remittitur decision
Interestingly, for reasons I explained yesterday, plaintiffs faced with such a choice almost never choose a new trial. According to this academic study of cases from 1991-2000, "when judges remitted jury verdicts, in 98% of the cases the plaintiff either accepted the remittitur (in 71% of the cases) or settled the case (in 27% of the cases). In only 2% of the cases did the plaintiff take the new trial." The labels' motion indicates that Thomas-Rasset does not oppose the request for an extension.
Update: the court has granted the motion, giving the plaintiffs until Monday, Feb. 8 to make their choice.