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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.

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elaborate a bit? | 185 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
elaborate a bit?
Authored by: webster on Monday, July 16 2012 @ 11:19 PM EDT
.

AT this point, to get rid of Motz, Novell has to win their appeal and get back
to him. Then they can ask him to recuse himself. If he has half a brain, he
will recuse himself 'sua sponte.' Unfortunately, this is debatable. Since the
Court of Appeals would have twice told him to have a jury trial, you would think
he got the message.

This is the sort of thing handled through the back channels. If the Court of
Appeals want him off the case, he will be off the case quietly. This can be
done so as to save both courts undue scrutiny and unpleasantness.

One files a 'mandamus' to order the court to do what it is supposed to do, like
grant a motion to recuse itself due to a conflict or manifest bias.

.

[ Reply to This | Parent | # ]

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