[72075] in North American Network Operators' Group
Re: Can a Customer take their IP's with them? (Court says yes!)
daemon@ATHENA.MIT.EDU (ed@the7thbeer.com)
Tue Jun 29 13:13:33 2004
Date: Tue, 29 Jun 2004 10:12:41 -0700 (PDT)
From: ed@the7thbeer.com
To: Doug White <doug@clickdoug.com>
Cc: nanog@nanog.org
In-Reply-To: <134401c45df9$c1216e50$2a5b8b42@clickdoug.com>
Errors-To: owner-nanog-outgoing@merit.edu
> The old legal trick of moving a case from Federal Court to a state court, is a
> common legal tactic where friendly judges and judge shopping can take place (
> Think the SCO action against IBM over the Unix/Linux debacle)
It's not a trick - the requirements for removal jurisdiction within the
Federal court system are rather strict. And even so, in a non-Fedreal
question issue (which this clearly appears to be), Erie requires the use
and application of state substantive law to decide the case. Judge
shopping sounds interesting, but it's about 99.999% myth.
> It also appears there is much more to the story, from both sides, and picking
> one catch-all paragraph from the TRO does not really tell the story, but tends
> to spread FUD.
Indeed. Reading the intial filings (which I've yet to have time to find)
and the memorandum of order would be necessary before any meaningful
discussion should even be considered.
> Not an attorney........................
Me either....till mid-2006 or so.
-ed
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ed@the7thbeer.com
