From her attorneys brief asking for the appeal:
The second Gore factor is the factor commonly expressed in ratios of punitive to
actual damages: "the disparity between the actual or potential harm suffered by the
plaintiff and the punitive damages award." Campbell, 538 U.S. at 418. Although the
Supreme Court has declined to state a bright-line rule about the maximum permissible
ratio, it has repeatedly held that "few awards exceeding a single-digit ratio between
punitive and compensatory damages, to a significant degree, will satisfy due process."
Id. at 425. Even if, on occasion, awards with two-digit or even three-digit ratios are
permissible, the damages award in this case, with its four-digit ratio looked at by album
and five-digit ratio looked at by song is nowhere close to constitutionally permissible.
"In sum, courts must ensure that the measure of punishment is both reasonable and
proportionate to the amount of harm to the plaintiff and to the general damages
recovered." Id. at 426.