If Judge Failla places sanctions on the Rosen Firm
Post# of 72447
Posted On: 08/18/2016 9:43:04 PM
If Judge Failla places sanctions on the Rosen Firm, these sanctions will be stayed until the Appeals Court makes its ruling. No judge is going to make them pay up when there is any chance that such a ruling would be made moot by an action of a higher court.
I don't understand the utter illogic of Mr. Hi-yo Silver on the other site, insisting that the two actions are independent. They are not. The Appeals Court rules on whether the JUDGE is correct; she cannot pre-emptively impose sanctions while there is still an active appeal. She can says "these are the sanctions I will impose if my ruling is upheld, but they are STAYED until the appeal is final." She's not going to tell someone to pay up, and then if the Appeals Court found in Rosen's favor (utterly impossible in my opinion), Cellceutix would have to refund the money, until the appeal was finished and then either Rosen would have to pay up again or keep the money.
This is really the stupidest controversy Hi-yo has ever stirred up over there.
I don't understand the utter illogic of Mr. Hi-yo Silver on the other site, insisting that the two actions are independent. They are not. The Appeals Court rules on whether the JUDGE is correct; she cannot pre-emptively impose sanctions while there is still an active appeal. She can says "these are the sanctions I will impose if my ruling is upheld, but they are STAYED until the appeal is final." She's not going to tell someone to pay up, and then if the Appeals Court found in Rosen's favor (utterly impossible in my opinion), Cellceutix would have to refund the money, until the appeal was finished and then either Rosen would have to pay up again or keep the money.
This is really the stupidest controversy Hi-yo has ever stirred up over there.
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