Nice filing by eDigitals lawyers, You can appreciate the integrity they brought to the process and the contempt Woods demonstrated.

"Nice filing by eDigitals lawyers. You can appreciate the integrity they demonstrated representing EDIG in this case. This filing also illustrates the contempt Woods has for EDIG and the court.In fact, after the Judgment was issued by the Clerk of Court, counsel for e.Digital contacted digEcor’s counsel to discuss how best to resolve the question of the outstanding $80,000. e.Digital’s counsel indicated that e.Digital would consider a stipulated motion requesting inclusion of the $80,000 payment in an amended judgment. digEcor’s counsel agreed to contact e.Digital’s counsel about the stipulation, but never did so. Instead, digEcor opted to forego a stipulation and filed its motion unilaterally

Back on Sept 11 when the judge made his ruling I posted.

"http://agoracom.com/ir/edigital/forums/discussion/topics/363149-digecor-ruling-and-a-general-litigation-principle/messages/1214584#message

"It appears that the judge has deemed digEcor should absorb the loss as they breached the contract on several counts."

Silversurfer responded to my comment.

The judge had already ordered that EDIG owes digEcor the purchase price of the batteries ($80K) which EDIG has never contested and saved the money to refund digEcor. In today's verdict, the judge however did not award consequential damages to digEcor for the failure to deliver them. From Doc 324, page 19 dated 13 Mar 2009:

"A judgment that digEcor is entitled to the purchase price of the batteries is also appropriate. To the extent that digEcor also seeks consequential damages on for failure to deliver the batteries, that claim presents a factual issue that, on this record, cannot be decided on summary judgment.

My responce to him.

"Missed that. couldn't understand why we didn't owe for the batteries. Figured it was the judges way of throwing the book at Wencor....but that might have left the door open for an appeal. Even though it costs us 80k I think it's a better outcome. Can't see any grounds for appeal.

My rational for posting this exchange from over a month ago is that yesterdays filing reinforces my orrigional feeling. The judge intends to give eDigital a free pass on the cost of the batteries. I think he will rule in edigitals favor and clarify exactly why.

Larry