Speaking of checking your case law, you should look into the statutory damages. If there is no punitive element, then why are damages elevated for "willful" conduct?
There's nothing novel about applying due process limitations to statutory prescriptions. "Always upheld" isn't remotely true; the issue of due process restrictions on punitive elements in statutes has barely been considered even by District Courts (much less appellate courts) in the wake of the Gore and Campbell cases.
There's nothing novel about applying due process limitations to statutory prescriptions. "Always upheld" isn't remotely true; the issue of due process restrictions on punitive elements in statutes has barely been considered even by District Courts (much less appellate courts) in the wake of the Gore and Campbell cases.