MGA Entertainment Inc. has asked a California federal court to certify an interlocutory appeal of its decision ordering yet another jury trial—its fourth—in the long-running legal battle with hip-hop moguls Clifford “T.I.” Harris and Tameka “Tiny” Harris over the company’s L.O.L. Surprise O.M.G. doll line.
In a motion filed Wednesday in the U.S. District Court for the Central District of California, MGA said it wants to appeal U.S. District Judge James V. Selna’s September 23 order, which directed a new jury to reconsider whether punitive damages should be awarded to the Harrises. The toymaker argued that the order raises “important and controlling questions of law” that should be resolved before another costly trial proceeds.
“Reversal could even require a fifth trial to the bench, further compounding the cost of resolving this action,” MGA wrote. “Before the court and the parties expend time and resources preparing for yet another trial, this court should permit the Ninth Circuit to resolve threshold legal questions that could avoid needless further proceedings.”
MGA Challenges Need for Jury on Punitive Damages
At the heart of MGA’s request is whether punitive damages in a case involving disgorgement of profits should be determined by a judge or a jury. The company contends this is a novel and substantial legal question that warrants immediate appellate review.
MGA argued that proceeding with a fourth jury trial now would be inefficient if the Ninth Circuit Court of Appeals later decides that punitive damages must be handled differently.
