Free
Message: Re: Trial today...bpjet...
10
May 06, 2009 03:16AM

Your synopsis though accurate sounds unenthusiatic. It seems to overlook a great deal of clues the judge has given us to date, as to which direction he is headed.

Irrespective of what you have read here, LAW IS NOT A CRAP SHOOT. Judges do not RULE based on their idiosyncracies. They follow set RULES of LAW appearing in STATUTES, and Appellate Case Law precedents.

FIRST:

If you take the time to read all 25 or so pages of PACER # 370, posted by Silversurfer last night, you will see the outline of what the remainder of the DIGECOR vs. EDIG case that is being tried before the Judge. The parties have outlined their assertions, (see, sman998's post of last night given a short synopsis of this), and the judge will make his RULING within the bounderies of STATUTORY and CASE LAW after hearing the tetimonial evidence presented by the parties today...

The main issue left for the judge to decide is EDIG's inability to deliver 1250 DigE's and their batteries on a timely basis, (with Bow claiming a 10 month delay).

This is a question of PERFORMANCE under terms of a contract and is governed by specific legal RULES. If EDIG can show, (as we know it), that their inability to perform was hindered by BOW running to KOREA and working his own side deal with MAYCAM, the manufacturer assigned to produce the units, the Judge may excuse their untimely (10 months delay), performance. Either way there will be a DECISION and te case ENDS...

SECOND:

Much has been said about what BOW will do afterwards. Of course BOW has a right to file an APPEAL, and has the money and ferocity to do it. That is irrelevant as far as EDIG develomental plans are concerned. (1) Bow had NO case and lost. His appeal would be a waste of paper written on, and his lawyers know it. The Judge in this case has bent backwards to be comprehensive in his decisions to make sure that no basis for appeal are left in the case. (2) Once the decision is issued within 30 days after trial, EDIG is DONE, DONE with this case, and can proceed with their plans for eVU without any hindrence from all of BOW'S ridiculous claims, focusing on their IP MONETIZATION, and expansion of their eVU Platform into other areas they have spoken about in their recent PRS....

Gil...








May 06, 2009 07:36AM

May 06, 2009 07:48AM

May 06, 2009 07:58AM
6
May 06, 2009 08:35AM
1
May 06, 2009 08:52AM
3
May 06, 2009 09:15AM
3
May 06, 2009 09:28AM

May 06, 2009 09:41AM

May 06, 2009 09:42AM

May 06, 2009 09:58AM
5
May 06, 2009 11:02AM
1
May 06, 2009 11:29AM
3
May 06, 2009 11:42AM
2
May 06, 2009 11:57AM
1
May 06, 2009 12:54PM
2
May 06, 2009 01:28PM
Share
New Message
Please login to post a reply