jmurrayhead
Well-known member
I guess the common perception is that some lawyers ruin lives to make their money.
California Case Update
- Thread starter Shamil
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jadmperry
Well-known member
No, that is Wall Street bankers.
AdamD
Well-known member
It's beggars belief how such a claim can be entered and not be immediately thrown out by the judge
But then I remember, we live in a civilized, first world country and such things are allowed.
AzzidReign
Well-known member
Yeah...I guess they are working on the notion that KAM are brainwashing us into buying xf. It's not like people do their research before investing into a software to run their site for years to comeSo they agree that XF buyers won't buy vBulletin - because it's an inferior product.
Thank you for the explanation. If that's what it means, XF's chances of winning are better in my opinion.
Edrondol
Well-known member
Yeah...I guess they are working on the notion that KAM are brainwashing us into buying xf. It's not like people do their research before investing into a software to run their site for years to come
I actually found out that KAM was not three people but one! And to prove it I found a picture.
Anthony Parsons
Well-known member
This wouldn't even be making it into court in the UK with the current nonsense presented. It wouldn't get past the preliminary phase with IB's current "evidence."
D.O.A.
Well-known member
Jake Bunce
Well-known member
Since most people here don't like OT posts in this thread, I went ahead and deleted all recent such posts.
Digital Doctor
Well-known member
When is the Lawsuit likely to end ?
Within 1,3 or 6 months of the start date ?
Within 1,3 or 6 months of the start date ?
Brent W
Well-known member
No one can answer that....
Digital Doctor
Well-known member
I'm sure someone probably has a reasonable estimate.
1 month,
2 months,
6 months,
1 year,
18 months.
for a trial of this nature.
1 month,
2 months,
6 months,
1 year,
18 months.
for a trial of this nature.
Brent W
Well-known member
No. No one does have a reasonable estimate because no one knows what is going to happen when the trial starts.
Carlos
Well-known member
And the trial starts in November/December, for reference.
jadmperry
Well-known member
Somewhere, deep in the annals of this thread, I posted a link to the report on Judicial Business of the United States Courts. Here is an updated link: http://www.uscourts.gov/Statistics.aspx
If you dig in there, you will find all sorts of stats on average time for each stage of proceeding.
I think such things are useless, though, in figuring out how this case will go. Each case is different and the conduct of the parties, the volume of evidence, the complexity of the arguments, the practice of the judge sitting on the case, and probably a hundred other factors play into how a specific case will progress. There is a wide spread in how long cases take. At best, I think you can use the stats as a way of seeing what happens on "average." But, I would not forget to consider the outliers in terms of fast and slow cases.
All that said, getting to trial is a major hurdle and it indicates that things are moving along. How long the case continues once trial starts will depend, again on many factors. Trials can last weeks, months, or longer. And even after the close of evidence or even a verdict, you can have some continued motions proceedings. Still, I would not think that you would see a trial measured in months (and I would be surprised if more than two weeks- especially as it seems that IB does not have any experts or evidence that helps their case...so, I can't for the life of me imagine what they are going to present), and if, as all the evidence and filings that I have seen indicate, XF wins, then you will likely see an "end" to the case by Spring/Summer of 2013 (though, you can end up having additional motions on things such as award of costs and fees that can drag on).
If you dig in there, you will find all sorts of stats on average time for each stage of proceeding.
I think such things are useless, though, in figuring out how this case will go. Each case is different and the conduct of the parties, the volume of evidence, the complexity of the arguments, the practice of the judge sitting on the case, and probably a hundred other factors play into how a specific case will progress. There is a wide spread in how long cases take. At best, I think you can use the stats as a way of seeing what happens on "average." But, I would not forget to consider the outliers in terms of fast and slow cases.
All that said, getting to trial is a major hurdle and it indicates that things are moving along. How long the case continues once trial starts will depend, again on many factors. Trials can last weeks, months, or longer. And even after the close of evidence or even a verdict, you can have some continued motions proceedings. Still, I would not think that you would see a trial measured in months (and I would be surprised if more than two weeks- especially as it seems that IB does not have any experts or evidence that helps their case...so, I can't for the life of me imagine what they are going to present), and if, as all the evidence and filings that I have seen indicate, XF wins, then you will likely see an "end" to the case by Spring/Summer of 2013 (though, you can end up having additional motions on things such as award of costs and fees that can drag on).
John
Well-known member
No, it starts in January. Keep up Carlos.And the trial starts in November/December, for reference.
D.O.A.
Well-known member
http://i.imgur.com/frmVG.gif
would there be a possibility of appeals, from either side, if the case doesn't swing their way? I'm not from the US so not sure how much further it could be taken after a verdict is given in the current court. I guess here you could appeal to the supreme courts depending on the circumstances etc.
jadmperry
Well-known member
It is possible, but unlikely. The appeals would generally only address if the lower court made legal errors. Facts found at trial are generally not reviewed. So, you would have to see what was found in the lower court before even trying to see what legitimate appeals there might be. But, the general answer is that appeals are not likely.
Depending on the issue you could go to Supreme Court. HIGHLY unlikely, though. The Supreme Court does not have to agree to hear an appeal, and they normally only do so if it is a very important issue or if there is a "split" among different judicial circuits such that you have a lack of uniformity on federal law issues. Most likely, if there were an appeal, it would end at the Ninth Circuit Court of Appeals. I might be wrong, but I highly doubt IB would appeal. I could see XF appealing on jurisdictional issues if they lose because that seems a viable argument and I think there are serious jurisdictional issues in this case.
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