Warren Mosler, et al. v. Joseph Gerace, et al.

The Supreme Court of the Virgin Islands ordered entry of judgment against Petitioners on a theory that ‚ was never pled; ‚ was not identified in the Final Pretrial Order; ‚ the jury was not instructed upon; ‚ did not appear on the jury verdict form; ‚ was not argued to the jury; ‚ was not raised in a post-trial motion; and ‚ was in favor of the Respondents even though they did not sustain the putative damages. While the question presented could be, “Does the Rule of Law still apply in the U.S. Virgin Islands?” Petitioner will state it in a more traditional format: The question presented is: Does Due Process allow an appellate court to shortcut the trial proceedings; the jury deliberations; and the verdict itself; and ignore the plaintiffs’ corporate form and enter judgment in favor of a corporation’s shareholders for damages putatively sustained by the corporation on a theory never tried or presented to the jury?