MSFT Internet Explorer vs. NSCP Navigator Message Board

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Technology Stocks : MSFT Internet Explorer vs. NSCP Navigator

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To: Daniel Schuh who wrote (24023)	6/16/2000 10:37:00 AM
From: Gerald R. Lampton	Read Replies (1) of 24154

I must confess I am having a hard time understanding Microsoft's appeal strategy. If you read the Expediting Act, the statute is very clear that, once Jackson certifies it, the case goes to the U.S. Supreme Court -- automatically. Technically, the D.C. Circuit won't even have jurisdiction until the Supremes send it back to them, if they do send it back. So all of Microsoft's filings could end up being a whole lot of nothing. Of course, Microsoft is arguing that the certification statute does not apply to the case brought by the states. Nice argument -- if you can win it. My guess is that it's kind of like the difference between statutory and constitutional diversity jurisdiction -- the former requires complete diversity, the latter does not. In any event, the bottom line is that if the Supremes want the case, they'll interpret the Expediting Act so they get it. If not, they won't. And, yes, it sure would be hilarious if the decisive factor in this antitrust case turned out to be the fact that Microsoft filed an overly-long brief. ;)

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