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Saturday, June 29, 2013 2:29:27 PM
So based on this statement......
I would say, to the court, a settlement is neither a win nor a loss. Neither the judge nor the jury have made any findings, and the court has not entered a judgment based on independent analysis.
It would be highly inaccurate, completely misleading, in other words a complete false statement, to ever say JBII or Bordynuik has legally 'prevailed' in a court case where a settlement has been the conclusion to the process.
Since the term 'prevail' means to be victorious, or win.
As you state,,there are no findings, there is no judgement, i.e. no party has 'prevailed' or won.
Correct ?
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