Wednesday, March 02, 2005 1:21:54 PM
Loop- I absolutely LOVE your reasoning and I certainly do hope the Court of Appeal sees it this way. My only concern is that it IDCC has made this argument and Judge Lynn (at least) saw it differently.
I do believe there is a good chance that Nok's intervention will be reversed on appeal so then the reinstatement should also be reversed, without any review on the merits of the reinstatement.
I can't explain how or why the intervention may be reversed via legal analysis since that is beyond my capabilities, but my gut feel as a business person reading the trial court briefs is that the Nok intervention may not survive the appeal (50% chance IMO).
Maybe the court of appeal will analyze this case as you suggest, or any other way that results in reversal of the intervention - I certainly hope so.
If the reinstatement is reversed by ANY logic, then IMO we will have escaped an (avoidable) mugging and dodged a serious bullet. I truly hope so.
MO,
Corp_Buyer
I do believe there is a good chance that Nok's intervention will be reversed on appeal so then the reinstatement should also be reversed, without any review on the merits of the reinstatement.
I can't explain how or why the intervention may be reversed via legal analysis since that is beyond my capabilities, but my gut feel as a business person reading the trial court briefs is that the Nok intervention may not survive the appeal (50% chance IMO).
Maybe the court of appeal will analyze this case as you suggest, or any other way that results in reversal of the intervention - I certainly hope so.
If the reinstatement is reversed by ANY logic, then IMO we will have escaped an (avoidable) mugging and dodged a serious bullet. I truly hope so.
MO,
Corp_Buyer
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