The U.S. Court of Appeals for the Third Circuit has upheld a $1.6 million damages verdict and opened a door to additional recovery for a stem cell photographer who was not paid for a company’s widespread use of his rare and valuable images.
In a 49-page precedential opinion dated Aug. 24, a three-judge panel nixed Stemtech International Inc.’s attempt to force a new trial in the case, filed in 2008 by groundbreaking photographer Andrew Leonard. Stemtech, a marketing company that works with distributors to sell stem-cell-related products, had argued on appeal the award for actual damages was unconstitutionally and grossly excessive.
