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You only appeal when you lose | 134 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
You only appeal when you lose
Authored by: darlmclied on Sunday, May 13 2012 @ 07:45 PM EDT
Right, but what I am questioning here is the judge saying,
"no >reasonable< jury would find as you did".

So the judge is saying the jury was not reasonable, which to
my mind gives both parties to appeal any part of the jury's
decision.

I'm just surprised he would implicitly criticise the jury
like that.

[ Reply to This | Parent | # ]

You only appeal when you lose
Authored by: Anonymous on Sunday, May 13 2012 @ 08:30 PM EDT
You only appeal when you lose
Really?

I thought one of the things we learnt from the SCO appeals was that you had to make a timely appeal about *any* aspect you didn't like, even as the winner.

IIRC, after part of SCO's appeal was granted, Novell had to live with some other (illogical) consequences simply because they hadn't put in their own appeal. The judge, in turn, was also forced to live with those same illogical consequences because he had to re-consider the case only within the strict parameters set out by the appeal court.

At the time, it all seemed daft to me - it looks like, as the winner, you have to appeal *everything*, just in case the loser's appeal manages to stick, even in some tiny part.

[ Reply to This | Parent | # ]

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