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Re: R-J post# 22030

Tuesday, 11/22/2016 2:41:20 PM

Tuesday, November 22, 2016 2:41:20 PM

Post# of 23258
97% of appeals are lost.That is why PTSC will lose. That and the nearly impossible to overcome "clearly erroneous" legal standard which is necessary to over turn district courts decisions on appeal. Here is what the US government says about how hard that standard is to overcome then you will realize it is hopeless for PTSC. The second underlined and bolded applies specifically to PTSC situation and shows exactly how hopeless it really is! The reason I post is that I have seen this company ripping off investors for years and would like to see it stop:

http://cdn.ca9.uscourts.gov/datastore/uploads/guides/stand_of_review/I_Definitions.html#_Toc199130795

"Review under the clearly erroneous standard is significantly deferential, requiring a “definite and firm conviction that a mistake has been committed.”  See Easley v. Cromartie, 532 U.S. 234, 242 (2001); Fisher v. Tucson Unified Sch. Dist., 652 F.3d 1131, 1136 (9th Cir. 2011); United States v. Comprehensive Drug Testing, Inc., 621 F.3d 1162, 1175 (9th Cir. 2010) (en banc) (per curiam); see also Miller v. Thane Int’l, Inc., 519 F.3d 879, 888 (9th Cir. 2008) (concluding the district court clearly erred).  If the district court’s account of the evidence is plausible in light of the entire record, the court of appeals may not reverse, even if it would have weighed the evidence differently.
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