Holloway-Johnson v. Beall

By virtue of an at least partially successful suit on the merits, the appellant is in position to recover $200,000 in damages. The appellant’s aspiration, however, is to recover three and a half million dollars in damages. What stands between the already captured bird in the hand and the still elusive second bird in the bush is a statutory damages cap. The dominant issue on this appeal concerns the appellant’s effort to dissolve that statutory barrier by persuading us that it has somehow been waived. That effort, however, is undermined by a misdirected focus on the wrong question. The…