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downsideup

02/03/11 7:34 PM

#41965 RE: Lottalead #41964

I think if it CAN be made to go on for weeks or months and longer... that it probably will go on that long.

I trust a lawyer talking smack about her case, or her expectations about her ability in being able to present it in timely fashion, about as much as I trust emails I get telling me about the next hot stock I have to own right now.

I think Daic-Williamson are playing defense as well as they can... probably knowing fully well that they're not likely to be particularly well served by a speedy effort that doesn't tend to enable them in generating many inducements to obvious (or not so obvious) errors in law... and they should be expected to play the clock as a part of that...

Of course, they may also intend the opposite, in fact... to try to speed things along so much that they sort of just forget to bother with actually ever conducting a legitimate trial, while never properly addressing any of the unavoidable "smoking gun" type evidence... so that errors in law they need are made without actually even addressing the fact that they were made while obviating some necessary bits of procedure. Not like we haven't seen that "slam, bam" done in Texas courts before...

If the judge isn't willing to cooperate with them in making the trial an obvious sham... the longer they can drag it out... the better chance they might have to pounce on some error made by CLYW's lawyers, or some error made by the judge...

We should get a feel for where things are heading in terms of clock management within the first few days...

It isn't different than basketball in terms of clock management...

They're likely to mount a full court defense... and then try to slow the game down as much as they can for as long as they can... hoping to run out the clock before the other side can score... and just because, even if that doesn't get them a chance to win or not lose, it might be enough, and better than not, just to enable them to try to keep the other side from running up the score at will. A "low scoring game" is likely to prove better for them than the opposite... so... dilute the impact on a jury by stretching the game out... while trying to baffle the jury (composed of those not smart enough to come up with a reasonable excuse from jury duty) with some BS they might think matters just as much as the clear proofs of guilt that CLYW (and indeed, Daic) will provide...

Maybe I'll prove to be surprised here... but, in my experience, and with the exception of those instances in which there IS actual criminality in terms of the participation by the judge in seeking a particular outcome through the "development" of the case, the guiltier the bastards are... the longer a trial in Texas will tend to take. They have two choices: settle before trial starts... or try to play the clock like Rip van Winkle.

If things do happen more quickly, and are resolved favorably in less time than I expect... I won't be disappointed.

Otherwise, I think you enter any legal contest expecting that it will take a LONG, LONG time to reach a final result... which is pretty much the focus I've had here since Feb of 2008...

Even with a solid "win" in the state case... I still think it will take YEARS for CLYW to fully wrap up all the legal loose ends here. A win in the current case... will engender additional cases, etc.

That isn't to say that I expect that the CLYW stock price would be held hostage for that whole time.

If CLYW wins this round in state court... I think "that will be it" in practical terms... even if the rest of what needs doing does take years and years to address properly.