decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books

Gear

Groklaw Gear

Click here to send an email to the editor of this weblog.


You won't find me on Facebook


Donate

Donate Paypal


No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
Oracle's Motion for JMOL, as text -- Oracle Asks to Win Everything It Lost, and More, More, More ~pj | 305 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Oracle's Motion for JMOL, as text -- Oracle Asks to Win Everything It Lost, and More, More, More ~pj
Authored by: Anonymous on Tuesday, June 26 2012 @ 05:00 PM EDT
But it seems most of their arguments in the 50(b) are fact-based...

[ Reply to This | Parent | # ]

Oracle's Motion for JMOL, as text -- Oracle Asks to Win Everything It Lost, and More, More, More ~pj
Authored by: jez_f on Thursday, June 28 2012 @ 07:31 AM EDT
I have followed SCO all the way, and now this case. This has to be one of the
most underhand tactics I have seen.

I would understand if there were elements in the trial that could be appealed
on. Jury instructions, or objections that were or were not overridden. Basically
saying the Judge messed up so we think we deserve another hearing. That makes
sense and I can see that it is an important part of the legal system.

But this seems to be essentially filing something that you know will be rejected
so that you can then use it as basis for appeal. Because there is nothing of
substance in the original trial to appeal on. Essentially trying to re open
everything because you forced the judge to rule on it as a matter of law, even
after the Jury had decided. If a party can do this, then why bother with a trial
in the first place.

I am sure it is a perfectly legitimate tactic, most of them are but it is one of
the least ethical I have seen. And that is saying something.

[ Reply to This | Parent | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )