• This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn more.

California Case Update

Status
Not open for further replies.

jadmperry

Well-known member
Note that the order stated the dismissal was with prejudice. So, under FRCP 41 (a)(2) it is, as stated, with prejudice. However, my point had more to do with the issue of a "withdrawal" vice a "dismissal" in terms of what would be required to appeal this finding in the Ninth Circuit Court of Appeals. It is a completely academic/non-real world issue, as the plaintiff asked for those claims to be dismissed; the import of this would be to make it extremely difficult to appeal (as a separate issue from whether they could re-file at a later date, which they could not based on the order of dismissal with prejudice). The distinction between the issues is one of ability to refile versus ability to appeal. I think neither would work. Absent some extraordinary developments, the dismissed claims are dead, now and forever.
 

MikeMpls

Well-known member
#121 is great. The "plaintiff" moved to withdraw but the judge "dismissed with prejudice", i.e. the judge doesn't want to see those claims returning to the table.

An attempt to expand the case was denied, and two chunks were torn out of the case with prejudice.

#121 is an indication that perhaps the judge is tiring of IB, their attorneys and their "case".
 

jadmperry

Well-known member
Let me look for examples. I was going off a Lawyer blog.

From the US Court of Appeals website, the successful rate of appeal for the following years:

Code:
1997 - 17%
1998 - 26%
1999 - 17%
2000 - 15%
2001 - 15%
2002 - 16%
2003 - 11%
2004 - 10%
2005 - 11%
2006 - 12%
2007 - 14%
2008 - 13%
2009 - 11%
2010 - 12%
2011 - 13%
Please note that these are of ALL COURT CASES brought to the US Court of Appeals. I do not have statistics on those at the State level for California.

I'm still looking for stats breaking down the dismissals, but am finding it hard to locate.
This is the wrong appellate court for this case. An appeal would go to the US Court of Appeals for the Ninth Circuit.

This link has detailed analyses of appeals (and trial court) outcomes: http://www.uscourts.gov/Statistics/JudicialBusiness.aspx I posted a breakdown of the percentages and times of case processing in the Northern District of CA before; I don't have the time to dig into this again right now.
 

Edrondol

Well-known member
This is the wrong appellate court for this case. An appeal would go to the US Court of Appeals for the Ninth Circuit.

This link has detailed analyses of appeals (and trial court) outcomes: http://www.uscourts.gov/Statistics/JudicialBusiness.aspx I posted a breakdown of the percentages and times of case processing in the Northern District of CA before; I don't have the time to dig into this again right now.
Dig it. Thanks for the clarification. I can only assume that the percentages will be similar, but of course you know what they say about assumptions...
 

AdamD

Well-known member
I can't believe it's still going on, with 4 dismissed claims and 1 withdrawn so far, it just goes to show lawyers will do anything for money.
 

Adam Howard

Well-known member
I admit I don't understand a word from those lawyerish docs; but can someone simply answer whether the case is being in favor of XF yet?
It is going in the favour of XenForo. The vast majority of the case has been dismissed with prejudice.

Internet Brands / vBulletin is only trying to drag this out, because they know they have no case and they figure if they can stretch this out, they'll bleed XenForo dry in legal fees.

The judge in my opinion seems to be a smart individual and is starting to catch onto this, so he's starting to block such an attempt (as much as one can without over stepping his bounds). The problem is in The United States there are A LOT of stupid legal loop wholes that allow a large monopoly to take advantage of those technical loops wholes.

Although I suspect because Internet Brands / vBulletin's case was so full of bullsh*t, that they never had much to go on or work with. You can only fabricate so much before your "desk of cards" come crashing down on you.
 

TheBigK

Well-known member
@TheVisitors: Thanks a lot for your response. I'm sure lot of people here will find it useful.

Now, if Grace & Grace understands that IB's just trying to suck money from XF; can they not lower their bills and when they win it; ask for all the money to IB? I mean, it's the IB that's got 'the cash'.

...maybe I live in an utopian world.
 

craigiri

Well-known member
@TheVisitors: Thanks a lot for your response. I'm sure lot of people here will find it useful.

Now, if Grace & Grace understands that IB's just trying to suck money from XF; can they not lower their bills and when they win it; ask for all the money to IB? I mean, it's the IB that's got 'the cash'.

...maybe I live in an utopian world.
I think you do.....

I doubt that it will be easy to get big money from IB...or any at all. Size has it's advantages.
 

Shamil

Well-known member
The case as it stands is neither in favor of, or against the defendants.

The court could dismiss all claims but 1, and still defendants wouldn't be in a favorable position.
 
@TheVisitors: Thanks a lot for your response. I'm sure lot of people here will find it useful.

Now, if Grace & Grace understands that IB's just trying to suck money from XF; can they not lower their bills and when they win it; ask for all the money to IB? I mean, it's the IB that's got 'the cash'.

...maybe I live in an utopian world.
I doubt there would be many Defence Attourneys left if they all took their clients' word for it, and only charged if they happened to win.
 

TheBigK

Well-known member
Yeah, I know. The thought of XF running out of money gives me more shivers than KAM. I absolutely love this software and want to see it grow! I hope I'm not deviating this discussion from the topic; but does anyone know whether KAM have evaluated an option to raise VC money? It's going to be bit difficult with a lawsuit going on; but you never know! An angel might be waiting?
 
Status
Not open for further replies.