The attacks on Judge Brewster here are the result of a favorite company getting skewered. While I agree that the 'hold the industry hostage' language does not stand up to scrutiny, the rest of the opinion is essentially faultless. Judge make mistakes, too, and they are often corrected. It looks to me like Rudi got it about 95% right.
The more passionate defenses of Q and the more passionate attacks on Brewster are IMO simply the result of investors not willing to accept the reality of what happened. That kind of passion is hazardous to financial health.
The Q's lawyers' shenanigans have been well documented. I will not discuss them anymore as I think the case is closed on that point. The only remaining issue is how hard they are going to be punished.
But the attack on Brewster is IMO totally without merit. For a clue as to why he is so pissed, take a look at the link set forth below describing a substantial award he received.
innsofcourt.org
The Inns of Court is a sort of movement designed to instill professionalism, ethics, and camaraderie among lawyers and judges. Being chosen as the Ninth Circuit's judge who best represents the ideals the Inns of Court represents is a serious honor. The award is a way for a group of extremely honorable and capable judges and lawyers to tell the world that Judge Brewster through his actions is known as a fair, polite, professional, and unbiased judge.
I belong to a local Inns of Court; it is a great thing. I was honored to be asked to join it. Not everyone is eligible.
As most of us who belong to Inns of Court do, I am sure that Judge Brewster takes the principles for which they stand very seriously. For Batchelder, Lupin, et al, to come into his courtroom and crap all over these principles has got to be galling, infuriating.
He's obviously pissed, but he will control himself and do the right thing. Unfortunately, the right thing here is not one many Q investors are going to like. Batchelder, Lupin and probably Q deserve a real and substantial lesson in order to be deterred and to deter others who might think they can pull the wool over the eyes of an honorable judge.
That he called all the lawyers who represented Q to stand before him tells me he is going to lower the boom.
Everyone who has criticized him as biased [and I don't necessarily mean you, Art] have no idea what you are talking about. My research suggests that we need lots more Judges like him. |
