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Technology Stocks : How high will Microsoft fly? -- Ignore unavailable to you. Want to Upgrade?

To: Marvin Mansky who wrote (40440)	4/2/2000 10:04:00 PM
From: saukriver	Read Replies (1) \| Respond to of 74651

"Sauk: It's true. Findings of law by the judge is justification for a suit by a party who can prove damages. Ask a lawyer. They don't have to wait years." Marvin, There is no such thing as "findings of law." You have Findings of Fact--entered last November--and Conclusions of Law--due to be entered this week. Anyone can sue anyone at anytime for any reason, and they frequently do. That is the so-called "American Rule." So, no one has to wait until something gets entered before filing suit. I think we agree on that? But until the Conclusions of Law are entered, the Findings of Fact cannot be used against MSFT in another lawsuit. That is called "Res Judicata" or in this instance "issue preclusion." Microsoft cannot re-litigate the issues in those findings of fact because it had a full, fair opportunity to litigate the issue in this case. Microsoft may be able to overturn the findings of fact on appeal, but appellate courts are loathe to overturn findings of fact (they more frequently overturn conclusions of law). Setting aside a finding of fact requires the appellate court to determine that the fact found is "clearly erroneous." There are many ways that MSFT could "win" on appeal, but be screwed. The appellate court could simply trim the breadth of the remedy imposed against MSFT and let the Findings of Fact stand. If that happens, the Findings of Fact--or many of them--would stand and could be used by private litigants v. MSFT. saukriver I question whether the trial was full and fair since witnesses (not counting rebuttal witnesses) were limited to 10 on each side. Does not seem fair for a case of this magnitude.