Correct! Appeals courts only REVIEW lower courts decisions and new arguments are almost always not allowed. PTSC/TPL are trying to make a new argument. That simply will not fly with the appeals court and they will simply affirm the summary judgement which, by their statements, they are likely to do. The new argument could be valid and it would not matter one bit. Case closed you lose. In my opinion.
PTSCs motion.in.the appeal was DENIED.Explains the big drop today! Although PTSCs motion was filed as being denied with the DC appeals court on 6/1 it did not appear on the district court docket from where the case originated until yesterday (there must be a delay in notification of the district court it is only for the record after all). You can set up email notifications with the district court but not the DC appeals court. Somebody just found out today, likely using the email alerts from the district court, and bailed big time.
That just denied motion was key to PTSC being able to bring up new evidence and arguments but as I said before appeals courts almost never allows new evidence and arguments not made in the district court. PTSC is sunk it is just a matter of time my friends. Sell now while U can still get a cup of really cheap coffee with you shares. In my opinion peeps!
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