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
Your contributions keep Groklaw going.
To donate to Groklaw 2.0:

Groklaw Gear

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


Contact PJ

Click here to email PJ. You won't find me on Facebook Donate Paypal


User Functions

Username:

Password:

Don't have an account yet? Sign up as a New User

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
preserving issues for appeal ... | 168 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
"I appeal everything"
Authored by: Anonymous on Friday, October 05 2012 @ 03:24 PM EDT
The general rule is a judge can't give you anything you don't ask for. So you
always ask for everything.

Usually the judge will not even consider anything you don't explicitly argue for
in your brief. But once in awhile, a judge is just looking for an excuse to
rule in your favor. So you always give the judge the excuse. Most motions I've
seen always end with, "and anything else the court sees fit to grant."
It's a just in case thing.

I recall reading about one of the copyright mafiaa going after a bunch of John
Doe's. It may have even been Right Haven. The judge didn't want to grant any
of the motions, but no one bothered to object, so he didn't have a choice.
Finally one of the defendants sent in something like "I object"
written on the back of a napkin. The judge decided that it was a motion to
dismiss with prejudice and did so, even placing sanctions on the plaintiffs. In
this case, the judge was just looking for a little leeway. Perhaps someone
remembers a link to the real story.

So the moral is always ask for everything, just in case the judge has already
decided you deserve it.

[ Reply to This | Parent | # ]

preserving issues for appeal ...
Authored by: nsomos on Friday, October 05 2012 @ 05:59 PM EDT
Parent asks
"what does it mean to fail to preserve an issue for appeal? "

My IANAL understanding is that timely objections given during
proceedings are the way that issues are preserved for appeal.

If timely objections are NOT given, then one cannot later
hope to appeal those things which had not been objected to.

Of course you could always try it, but I suspect courts
would reject appeals on those issues which had not been
previously objected to.

[ Reply to This | Parent | # ]

Just a notice here
Authored by: Anonymous on Friday, October 05 2012 @ 09:37 PM EDT
Keep in mind that the only things we are seeing here are just notices. They only
mean "Please be advised. We are appealing." It's just a formality. The
actual appeals are filed with the appeals court.

[ 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 )