As far as the Rosen firm trying to appeal this: we already have them cold on unethical and unprofessional behavior for filing the lawsuit in the first place. There are two possible theories (lawyers plead every possible theory, even if they contradict each other, so that the judge/jury can choose a theory and go with it -- as our lawyers did when they said that the lawsuit should not have been filed in the NY venue, even though our lawyers knew that the Rosen case was totally bogus on the merits.)
Either 1) the Rosen Firm did not do the required due diligence to make sure that they had a valid case, so they acted incompetently and unprofessionally; or, 2) the Rosen Firm KNEW that their case was bogus, but filed it anyway to greenmail CTIX. Incredibly unethical and an offense that should lead to sanctions including disbarment. The fact that they did not withdraw the case when CTIX's lawyers (and the company) presented them with information IMMEDIATELY, before the case ever went to filings, proving that their case was bogus, and the fact that they kept trying to defend it long after it was evident that it could not succeed, is more evidence of malign intent.
For them to try to appeal it now, after they have been so thoroughly squelched by our attorneys and the judge's ruling, would be even more evidence of incompetence and unethical behavior. They OUGHT to try to negotiate a deal with CTIX now, fur us not to sue them in return for our legal fees. They would be utter fools to try to appeal.
HOWEVER: If we sue them, as I hope we will AND I HOPE EVERYONE WILL EMAIL LEO TO SAY "SUE THEM" -- then Rosen will have to appeal, as a negotiating chip. There is NO way an appeals court is going to find for Rosen, after the way that the Judge dismantled them.
Either 1) the Rosen Firm did not do the required due diligence to make sure that they had a valid case, so they acted incompetently and unprofessionally; or, 2) the Rosen Firm KNEW that their case was bogus, but filed it anyway to greenmail CTIX. Incredibly unethical and an offense that should lead to sanctions including disbarment. The fact that they did not withdraw the case when CTIX's lawyers (and the company) presented them with information IMMEDIATELY, before the case ever went to filings, proving that their case was bogus, and the fact that they kept trying to defend it long after it was evident that it could not succeed, is more evidence of malign intent.
For them to try to appeal it now, after they have been so thoroughly squelched by our attorneys and the judge's ruling, would be even more evidence of incompetence and unethical behavior. They OUGHT to try to negotiate a deal with CTIX now, fur us not to sue them in return for our legal fees. They would be utter fools to try to appeal.
HOWEVER: If we sue them, as I hope we will AND I HOPE EVERYONE WILL EMAIL LEO TO SAY "SUE THEM" -- then Rosen will have to appeal, as a negotiating chip. There is NO way an appeals court is going to find for Rosen, after the way that the Judge dismantled them.
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