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Re: tunit213 post# 224883

Thursday, 07/22/2010 2:08:54 PM

Thursday, July 22, 2010 2:08:54 PM

Post# of 729973
I need to look up more case law within the third-circuit to confirm but I believe that, absent clear abuse of discretion, the court's decision to appoint an examiner or grant its a scope of investigation is not appealable. It should also be noted that almost all of the parties were on board with the appointment but disagreed with respect to the scope. Accordingly, even if they could appeal - the appeal would never move forward because of what is on the record.

This will illustrate everything you need to know about the appointment of an examiner.

http://www.arentfox.com/publications/index.cfm?content_id=1078&fa=legalUpdateDisp

I have a very good law journal article on point as well but need someone to host it for the board to read.

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