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Ghors

04/09/08 11:01 AM

#215113 RE: whizzeresq #215111

WHIZ: Looks like you have covered the waterfront on the issues to be decided by the 2nd Cir. CCA.

g hors
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jhaw

04/09/08 12:49 PM

#215127 RE: whizzeresq #215111

whizzeresq,

I am not a lawyer, but the Batts decision certainly seems like a very strange ruling. I found your point #4 particularly surprising. If Judge Batts has the authority to order a stay or dismissal of the ITC investigation, then so be it. But she is requiring IDCC to make motions in that case that are contrary to IDCC's best interests. Has this ever been done before and is there any legal precedent? It seems crazy that a judge can control the manner in which a party prosecutes a case before another judge, even if it is an ALJ. Am I simply ignorant regarding the law or is Judge Batts just making stuff up as she goes?

jhaw