http://www.fedcir.gov/opinions/05-1452.pdf
In the court`s Decision (on pg 6) the court states that Patriot, not its counsel, is the party aggrieved by the loss of Higgins`s testimony...and....that B & O violated California Rule of Professional Conduct.
My opinion, comming from hind sight, is that PTSC would have had a very hard time winning against Moore out right.
I believe that the settlement was the best thing that could have come out of this (although giving TPL complete control may not have been prudent). IF Pohl does his job and works with TPL to protect our interests, then we will be good, and I believe he is doing so.
Now the silver lining. B & O are suing us for the contract they had with us before they got canned by the court. We canned them also and in doing so severed ties. The contract is the issue now, they wish to get the court to uphold it reguardless of there actions.
I believe the Appeals Court`s decision may put a damper on their claims. Their actions caused PTSC to be ``aggrieved``, so...Would that be ground to fire the company...sure! , Would it be grounds to resend a contract.....Ron, help us out here....I think so, but I don`t know...I believe so,and think that is our silver lining to win that lawsuit and move forward.
Every small detail matters.