Everybody can appeal however an appeal is not to retry to case. It is to say there was an error of law made by the judge. That will be a tough standard here.
Tardigrade lawsuit appealed
- Thread starter Krandor
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Everybody can appeal however an appeal is not to retry to case. It is to say there was an error of law made by the judge. That will be a tough standard here.
If the ruling had gone the other way, do you honestly thing CBS wouldn't have appealed?
See above.
Ahhh...
Welp, I guess he's a glutton for punishment then.
(oops... screwed up my quotes ... sorry)
Heh...
But comparing what CBS would have lost in that case and what Abdin didn't really lose in this case, is like comparing an Elephant to a Mouse...
They both have large ears, but that's about it.
Heh...
But comparing what CBS would have lost in that case and what Abdin didn't really lose in this case, is like comparing an Elephant to a Mouse...
They both have large ears, but that's about it.
YouTuber Nerdrotic leads $20,000 GoFundMe Campaign to Fund Anas Abdin’s Appeal in U.S. Second Circuit Court
After seeing his copyright case against CBS and Netflix over Star Trek: Discovery dismissed in federal court last month, Tardigrades game creator Anas Abdin is appealing, with a YouTube conspiracist leading a $20,000 GoFundMe campaign to pay for the appeal.
The appeal was formally filed in U.S. Second Circuit Court of Appeals on October 1 by Abdin’s attorney John Johnson, though court filings do not yet cite the legal basis on which Abdin is appealing the dismissal by federal district Judge Lorna G. Schofield. Read more »
My comment has nothing to do with the act of filing a dismissal, but with the act of claiming one accepts a ruling and shortly after doing a 180 and suing against that ruling.
YouTuber Nerdrotic leads $20,000 GoFundMe Campaign to Fund Anas Abdin’s Appeal in U.S. Second Circuit Court
After seeing his copyright case against CBS and Netflix over Star Trek: Discovery dismissed in federal court last month, Tardigrades game creator Anas Abdin is appealing, with a YouTube conspiracist leading a $20,000 GoFundMe campaign to pay for the appeal.
The appeal was formally filed in U.S. Second Circuit Court of Appeals on October 1 by Abdin’s attorney John Johnson, though court filings do not yet cite the legal basis on which Abdin is appealing the dismissal by federal district Judge Lorna G. Schofield. Read more »
good work as always. Didn’t realize on a dismissal appeal the case is looked at as new.
cbs would have appealed but cbs would have never issues a “ respect the opinion and you should too” statement. It would have been “ we intend to keep fighting” or “we are going to explore our legal options” type statement.
no Abdin got talked into this by the anti-dsc crowd.
Well, now he's using their money to do an appeal.
Let's see just how far that goes before petering out.
(I suspect not very far)
Interesting that Chan's name isn't included this time.
so it sounds like his lawyers took original case on contingency but are only appealing if he pays. Doesn’t appear they have a lot of confidence in it.
That's WHY the Judge (in her written decision) cited ALL the case law that supported said decision. It seems that someone still thinks they can somehow get some money out of this but no, it won't go well for the appealing party.
As for grounds - you can file an appeal based on almost anything, including ANY objection a Judge over-ruled a lawyer on. That said, the appeals courts take a dim view of lawyers who appeal on that type of thing because they are still required by law to review the entire transcript - and appellate Judges don't like having their time wasted - and yes, this IS a waste of their time.
But now people can see why Corporations and others try to avoid lawsuits, because a plaintiff can continue to appeal all the way to the U.S. Supreme court -- and when the U.S. Supreme Court declines to hear the case (as they are allowed to choose which cases they feel actually merit their attention) - the final ruling of the next highest appeals court that heard the case will stand, and the appeals process will have been completed.
I'd love to know who's bothering to fund this because whomever it is must just like to throw money away. Plus at the end, they Might even be responsible to reimburse CBS for its legal costs, and at this point, I'm sure CBS WILL make a point of collecting those fees.
At this point, there won't be further testimony by any experts. The case WON'T be retried UNLESS the Appeals court orders that (and I don't think they will) - at this point in the appeals process they go over the ENTIRE transcript of the exciting trial and will make a determination as to where the Judge in the case did anything legally or procedurally 'wrong' (in their opinion) - and either:
- Declare a mistrial and vacate her ruling (meaning that the case would need to be refiled and tried again).
- Vacate her ruling, and send the case back to her court to continue litigation.
- Rule that she did nothing legally improper, and that the ruling stands.
^^^
At which point the ruling of that appellate court can AGAIN be appealed to a HIGHER appellate court...etc.
And if you wonder why that doesn't happen with every case - smart lawyers usually ONLY spend time on something they feel they can win, and only idiot lawyers waste time and money (or they have a client with DEEP pockets willing to pay their costs and fees up front to continue with a case they KNOW they'll loose.)
Given the displayed 'acumen' of Abdin's legal counsel to date; (IE the guy who at first didn't have a valid license to practice law in the jurisdiction the case was filed in and then who IMPROPERLY filed the case at first, etc.) - it just looks like we're dealing with an idiot lawyer who doesn't know when to quit.
ETA:
Just caught up on the thread. So, it's one of the usual 'professional Discovery Hater' crowd running a GoFundMe to cover court costs
. I guess the Axanar crowd will open their wallets wide as they're used to funding lost causes - or funding elaborate scams.
As for grounds - you can file an appeal based on almost anything, including ANY objection a Judge over-ruled a lawyer on. That said, the appeals courts take a dim view of lawyers who appeal on that type of thing because they are still required by law to review the entire transcript - and appellate Judges don't like having their time wasted - and yes, this IS a waste of their time.
But now people can see why Corporations and others try to avoid lawsuits, because a plaintiff can continue to appeal all the way to the U.S. Supreme court -- and when the U.S. Supreme Court declines to hear the case (as they are allowed to choose which cases they feel actually merit their attention) - the final ruling of the next highest appeals court that heard the case will stand, and the appeals process will have been completed.
I'd love to know who's bothering to fund this because whomever it is must just like to throw money away. Plus at the end, they Might even be responsible to reimburse CBS for its legal costs, and at this point, I'm sure CBS WILL make a point of collecting those fees.
^^^
At this point, there won't be further testimony by any experts. The case WON'T be retried UNLESS the Appeals court orders that (and I don't think they will) - at this point in the appeals process they go over the ENTIRE transcript of the exciting trial and will make a determination as to where the Judge in the case did anything legally or procedurally 'wrong' (in their opinion) - and either:
- Declare a mistrial and vacate her ruling (meaning that the case would need to be refiled and tried again).
- Vacate her ruling, and send the case back to her court to continue litigation.
- Rule that she did nothing legally improper, and that the ruling stands.
^^^
At which point the ruling of that appellate court can AGAIN be appealed to a HIGHER appellate court...etc.
And if you wonder why that doesn't happen with every case - smart lawyers usually ONLY spend time on something they feel they can win, and only idiot lawyers waste time and money (or they have a client with DEEP pockets willing to pay their costs and fees up front to continue with a case they KNOW they'll loose.)
Given the displayed 'acumen' of Abdin's legal counsel to date; (IE the guy who at first didn't have a valid license to practice law in the jurisdiction the case was filed in and then who IMPROPERLY filed the case at first, etc.) - it just looks like we're dealing with an idiot lawyer who doesn't know when to quit.
ETA:
Just caught up on the thread. So, it's one of the usual 'professional Discovery Hater' crowd running a GoFundMe to cover court costs
. I guess the Axanar crowd will open their wallets wide as they're used to funding lost causes - or funding elaborate scams.
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Of course it's a waste of time. But if they want to go through the motions...
Just like virtual table tennis:
Ahhh.That's WHY the Judge (in her written decision) cited ALL the case law that supported said decision. It seems that someone still thinks they can somehow get some money out of this but no, it won't go well for the appealing party.
As for grounds - you can file an appeal based on almost anything, including ANY objection a Judge over-ruled a lawyer on. That said, the appeals courts take a dim view of lawyers who appeal on that type of thing because they are still required by law to review the entire transcript - and appellate Judges don't like having their time wasted - and yes, this IS a waste of their time.
But now people can see why Corporations and others try to avoid lawsuits, because a plaintiff can continue to appeal all the way to the U.S. Supreme court -- and when the U.S. Supreme Court declines to hear the case (as they are allowed to choose which cases they feel actually merit their attention) - the final ruling of the next highest appeals court that heard the case will stand, and the appeals process will have been completed.
I love to know who's bothering to fund this because whomever it is must just like to throw money away. Plus at the end, they Might even be responsible to reimburse CBS for its legal costs, and at this point, I'm sure CBS WILL make a point of collecting those fees.
^^^
At this point, there won't be further testimony by any experts. The case WON'T be retried UNLESS the Appeals court orders that (and I don't think they will) - at this point in the appeals process they go over the ENTIRE transcript of the exciting trial and will make a determination as to where the Judge in the case did anything legally or procedurally 'wrong' (in their opinion) - and either:
- Declare a mistrial and vacate her ruling (meaning that the case would need to be refiled and tried again).
- Vacate her ruling, and send the case back to her court to continue litigation.
- Rule that she did nothing legally improper, and that the ruling stands.
^^^
At which point the ruling of that appellate court can AGAIN be appealed to a HIGHER appellate court...etc.
And if you wonder why that doesn't happen with every case - smart lawyers usually ONLY spend time on something they feel they can win, and only idiot lawyers waste time and money (or they have a client with DEEP pockets willing to pay their costs and fees up front to continue with a case they KNOW they'll loose.)
Given the displayed 'acumen' of Abdin's legal counsel to date; (IE the guy who at first didn't have a valid license to practice law in the jurisdiction the case was filed in and then who IMPROPERLY filed the case at first, etc.) - it just looks like we're dealing with an idiot lawyer who doesn't know when to quit.
ETA:
Just caught up on the thread. So, it's one of the usual 'professional Discovery Hater' crowd running a GoFundMe to cover court costs
Thanks, I wondered.
Money should be donated to charity, beats flushing it down the crapper on a losing appeal.
Only an appeal on a case that was resolved with a pre-trial order like this one on a motion to dismiss. Most appeals start out favoring the preceding ruling.
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Hey, when a YouTube conspiracist can lead a holy crusade on your behalf against the Big Evil Corporation to raise tens of thousands of dollars and help you pay off your legal costs, are you gonna say no?
Abdin says so, right on his blog. He was talked into it by Nerdrotic, who will be managing all the money raised via GoFundMe.
Actually, it could go very far. There are a lot of disaffected fans whose rage and hate toward DSC skew toward older people with more disposable income. One guy alone gave $1,000 literally as a fuck you to CBS.
Also, Chan appears to be still representing Abdin, too. Johnson has handled virtually all the filings, is all. And not very well. This one, like most of his others, was deficient and the court said he had to correct and re-submit.
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