California Case Update

[Shamil]

US Motions Map: http://shamil.co.uk/vbulletin-solutions-vs-xenforo-limited-etc/us-motions-map.html

Not fully complete, as I'm sure I'm missing a load out.

 

[Gene Steinberg]

But this may still go on endlessly at an increasing cost to XF. With a thousand cuts IB can attempt to kill XF by legal costs alone.

 

[Shamil]

Remember, we will be seeing a Third Amended Complaint.

 

[AdamD]

Wonderful layout Shamil, thanks.

 

[Carl]

Remember, we will be seeing a Third Amended Complaint.

Which means?

 

[Lucas]

Which means?

I wish I understood half of what people are talking here.

 

[Shamil]

Which means?

It's no where near ending soon.

 

[digitalpoint]

I actually started this a long time ago - it got a bit messy and I didn't publish it - I'll see what I can do today

Looks really good btw. Incredibly useful for those of us that don't read the dockets word for word.

 

[Shamil]

Looks really good btw. Incredibly useful for those of us that don't read the dockets word for word.

I agree that some of the magnanimous documents can be rather intimidating - but the pages are more helpful for those who want a quick overview. I'll keep the latest news up to date now

 

[we_are_borg]

If the paper work of Busby comes true can the third amendment be used to draw him back in or does Prejudice then prevails?

 

[Slavik]

If the paper work of Busby comes true can the third amendment be used to draw him back in or does Prejudice then prevails?

With prejudice means that in this current claim it cannot be re-asserted by VB. They can apeal the process outside of the claim to have it reversed, but for all intents it would be *mostly* safe to say they won't be brought up again.

 

[Edrondol]

Also, things dismissed with prejudice are exceedingly difficult to appeal successfully.

 

[Reeve of Shinra]

The claims against Busby were dismissed (with prejudice) due to lack of jurisdiction. Not only would IB have a hard time appealing that decision, they would also need some way of showing California courts have personal jurisdiction over him.

 

[we_are_borg]

Then i understand Prejudice correctly in the context of the courts so it prevails almost anything.

Edrondol how difficult is it to overturn a Prejudice in a court, can you give examples.

 

[Edrondol]

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:

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.

 

[Shamil]

Ok, well, the Order on the hearing has come through.

Dockets 118 - 120 aren't public. (Declaration and stuff under seal).

 

[Slavik]

Ok, well, the Order on the hearing has come through.

Dockets 118 - 120 aren't public. (Declaration and stuff under seal).

boooo boring.

 

[we_are_borg]

Ok, well, the Order on the hearing has come through.

Dockets 118 - 120 aren't public. (Declaration and stuff under seal).

Is that order connected with the 117 docket or is 118 - 120 another issue.

 

[Shamil]

Is that order connected with the 117 docket or is 118 - 120 another issue.

Docket 117 and motion.

 

[Claudio]

It's no where near ending soon.

ho my god, do you have an approximate date we will see a finish conclusion? Maybe near end of this year?