[Am-info] When will the judge rule?

[Joe Barr]

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>>the earlier decision of the Court of Appeals is technically
interlocutory, not res judicata.=20


Easy for you to say.





On Fri, 2002-09-27 at 16:27, T. Guilbert wrote:
> In a message dated 2002 September 27 (Friday), timestamp 02:34 PM,=20
>    on the topic Re: [Am-info] When will the judge rule?,
>    "John J. Urbaniak" <jjurban@attglobal.net> wrote:
>=20
> "|> >As I see it, the longer she takes, the better.
> "|> >
> "|> >I think if she were inclined to accept the DoJ - MS settlement, she
> "|> >would have done it by now.
> "|>
> "|> That's a good bet.  However, the other edge on the blade will
> "|> likely be a long and protracted appeal again.  Not being a legal
> "|> scholar, I don't know how long that could be, or what the limits
> "|> are.
> "|>
> "|> Anyone know?
>=20
> "|I don't think there's a possibility for another appeal.  This *is*
> "|the appeal, isn't it? =20
>=20
> Judge Jackson's decision was appealed, and parts of it were upheld,
> parts reversed, as you note below.  Microsoft will have another bite
> at the apple after Judge K-K rules, but her ruling deals only with the
> penalty, not the actual liability, which Judge Jackson decided and the
> Court of Appeals upheld.  Although the Court of Appeals heard the
> earlier appeal en banc, and was unanimous, Microsoft has the option to
> ask for a reconsideration on a new appeal because, until all issues of
> the matter are disposed of, including the penalty, the earlier
> decision of the Court of Appeals is technically interlocutory, not res
> judicata.=20
>=20
> "|This is the result of the appeal of Judge
> "|Penfield Jackson's decision to split up the company which was
> "|remanded to this new Judge.  As I remember it, the Appeals Court
> "|upheld Jackson on everything except the penalty and some issue about
> "|the browser.
>=20
> "|They could possibly appeal to the Supremes, but I think they already
> "|turned down an appeal.
>=20
> The bases for an appeal as of _right_ to the Supreme Court are few and
> narrow; most cases the Supreme Court decides come before it on writs
> of certiori, which the Court may decide to grant (hearing an appeal)
> or deny.  About a tenth of one percent of writs of cert. are graned,
> but, given the importance of the Microsoft case, and the
> politicization of the present Court, I should be completely
> unsurprised if the Supreme Court accepts an appeal of this case.=20
>=20
> "|And you can't just appeal because you don't like the decision.  You
> "|have to have grounds for the appeal,=20
>=20
> Oh, given the breadth of the issues involved, it would be child's play
> to make substantive assignments of error on the conclusions of law;
> that does not mean that the grounds would be _winning_ ones, but only
> that the issue easily could be put in front of the Supreme Court with
> no lawyer risking sanctions for affixing his or her signature to a
> frivolous pleading.=20
>=20
> --=20
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> \ /   "Ethical at One of One dot Net" =20
>  X    Portland, Oregon, United States of America =20
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>=20
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