To: peacelover who wrote (7266 ) 2/21/1999 5:51:00 PM From: Jud Read Replies (2) | Respond to
Recent postings have encouraged BNEZ to drop the lawsuit against AOL. I disagree. I sincerely believe BNEZ was screwed and the CDA should not protect AOL. I believe AOL was doing more that allowing a third party to post on the internet service AOL provides. AOL was actively engaged in the process and as such a participant should compensate BNEZ for the damages it incurred. And, these damages were severe, especially the loss of the loan that was within BNEZ's grasp. I especially say no to quitting the lawsuit now. In just a few days, as I understand it, the judge will hear the two sides in open court and then make a ruling (Note please that there could be a time delay between the hearing and the ruling.) If he rules in favor of AOL and gives them summary judgement -- its done. If he rules against AOL, we go to the next step, and IMHO, BNEZ has a decent chance of prevailing. I personally want to let the time pass and hear the judge rule and get to that point where the judge says NO to AOL and lets proceed with real discovery and a trial. At that point all kinds of things can happen. I don't need to enumerate. But, out of court settlement is obvious. Other interesting scenarios are out there as well. If the court says yes to AOL and no to BNEZ, then everything is done which is what those who are espousing dropping the lawsuit now want. For the time there is left to the decision by the judge it just makes no sense to stop now.
