RDR is expected to file an appeal
dumbledore11214
dumbledore11214 at yahoo.com
Mon Sep 15 14:34:14 UTC 2008
It is reported on Leaky that Detroit paper reported an interview with
rappaport that he expects his attorneys to file notice of appeal this
week.
http://www.the-leaky-cauldron.org/2008/9/15/jkr-wb-vs-rdr-books-trial-
an-appeal-to-be-filed
So, appeal is not filed yet, but I am assuming that since he said it
out loud, it will be. Now in the less high profile case the fact that
they will file notice of appeal would not necessarily mean that the
appeal would be perfected, since notice of appeal just preserves your
right to file an appellate brief later on.
However, I would expect that in such high profile case if they stated
their intentions publicly, it will be filed, brief and all.
Wonderful attorney whom I admire and respect often tells us when you
are thinking about taking case for appeal always consider the
implications of making a bad law for everybody else if you loose the
case.
I hope RDR's attorneys did consider those implications well. I mean,
of course they can win which will be good for them, but if they
loose, they will create a precedent, which other judges will be more
obligated to follow than Judge Patterson's decision, since it will no
longer be just a lower court's decision.
Alla
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