posted on
Jun 29, 2011 05:10PM
Message: Doc 395
You said:...
"As a layman in this legal arena, all I can conclude is this to be wishy washy, not a decision/ruling at all."...
Comba; you should go back to law school...
The boys can certainly use a great concilieri like you who understands the law better than most lawyers I know.
A statement by the judge that, " Although the Court’s construction is not precisely aligned with that urged by the Defendants, the Court recognizes that it is nevertheless likely to have that effect." as you aptly observe, "...is not decision/ruling at all.", on issues before the Court, and viewed most favorably could not even qualify as a DICTA decision and judgement, and has no force of authority.
I am positive DM will be all over this DECISION in short order...
Some one observed that the Judge may have been engaged in "Gotcha" game with DM who were the cause of PHILLIPS CASE. I doubt this. However, she has given DM another opportunity to go up on appeal assuming she does not modify or explain decision with more precision...
Hang in there, that is what I am doing for sure tilll DM has spoken...
Gil...
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