longball
I was dead on in the arbitration and Judge Lynn shocked me with her ruling. I addressed the need for the judge to dismiss the Delaware action in post 119,428. When you have an opponent like Nok (questionable ethics with a lot of money), logic goes out of the picture. The focus should be on the strengths of IDCC's position (a final award from the ICC) and the law (cases cited on this board with respect to Nok's Delaware action) rather than the scatter gun approach of Nok. It is easy to lose faith in the system. The system has become bogged down because judges in the lower courts are attempting to create newer law rather than follow the existing law in making their rulings.
When I first started practicing law, the way to change the law was known as "passing through" the system. This meant that you filed an action knowing that you would be defeated at the trial court level and the appeals court level. You had to make timely and proper objections with precise reasoning to preserve the right to appeal the issue in the hope that the Supreme Court would accept your case and rule on the target issue. Everyone knew up front the time involved and the costs and only a few would enter the risk. Now, we have trial judges who do not adhere to the current law and rule in the face of precedent. Suddenly, we have appeals being filed by the folks that had the law squarely in their favor before filing or answering a lawsuit instead of the party that had insufficient supporting law when they filed the suit or their answer.
MO
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