David, enjoyed your post. The Cheap Investor sounds great, I will try it out.
I did want to say though that oral argument lasting one hour (or less)
is not really meaningful. One absolutely cannot conclude that that indicates a disposition by the panel to hold for Fonar. The appellate court sets a standard time for argument, often 20 or 30 minutes each side, and they usually enforce this rigorously (occasionally by turning off the attorney's microphone!). So Fonar and GE were assigned a 40 minute or one hour slot, as were all of the other cases argued that day. As you can see, the time that the argument took is
indicative of absolutely nothing.
Regarding the bond, this is a supersedeas bond which must be posted in ALL appeals of this kind where the losing party (here GE) wants to stay the effect of the unfavorable judgment below. The amount is determined by the court below, and is intended to protect the winner (Fonar) from damages caused by the stay of its favorable judgment during the appeal. If GE wins the appeal, the bond will be released; if Fonar wins, Fonar then proves up any damages caused by the stay during the appeal period, and collects them against the bond. This is just business as usual in the appellate process. So the fact that GE had to post a bond in this case is not unusual, and does not indicate anything at all about the appellate court's thinking.
Based on other factors, though, including my gut, I agree with you that a favorable Fonar outcome is likely. And I hope it is out in January 1997--not January 1998 (that has happened!)
Regards and good luck to all |
