Silicon Investor (SI) -- The First Internet Community

STOCKTALK

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor. We ask that you disable ad blocking while on Silicon Investor in the best interests of our community. If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.

Technology Stocks : The New QUALCOMM - Coming Into Buy Range -- Ignore unavailable to you. Want to Upgrade?

To: limtex who wrote (1006)	8/19/2007 10:39:48 AM
From: carranza2	Read Replies (1) \| Respond to of 9129

1. Have you ever seen or heard of anything before the non-criminal courts as bad as what is contained in Rudis judgement? If so what was the fine/condequences? Interesting question. I have never personally been involved in a case in which the kinds of things set forth in Rudi's opinion have taken place. I linked a lengthy story involving the Ron Perelman case in which things got as bad. I am sure you saw it. I have been involved in a case in which I strongly suspected the judge was bribed, but there was no way I could prove it. I fortunately got the result set aside on appeal. 2. What is the biggest fine you have ever heard of in a non-criminal case? And what is the limit if any that can be imposed here? See the Perelman story. I have been fortunate not to have been involved in cases where these kinds of shenanigans have taken place. I've heard of fines in the $50K range. I've never been fined myself. My experience on this point is thankfully limited. 3. Is there an appeal from the fine/judgment of Rudi and can it be heard to cover points of fact or findings or must it be confined to points of law? And what is the time period? Everything can be appealed. The points of law are reviewed as if they were being heard for the first time. The factual points are reviewed for manifest error, which means that they aren't set aside unless the evidence overwhelmingly suggests that Rudi made a factual error. In other words, if the facts are critical, and they generally are, the effort has to be at the trial level because chances are that the factual findings made by a trial judge such as Rudi are going to stick. The notice of appeal is due 30 days from the time a judgment is filed. The record then has to be prepared, about a month's time, then about 100 days worth of briefing. Oral argument anywhere between 2 to 5 months later, and an opinion usually 2-3 months later. This is the Fifth Circuit, the only circuit I can discuss.