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North American Network Operators Group Date Prev | Date Next | Date Index | Thread Index | Author Index | Historical Re: Can a Customer take their IP's with them? (Court says yes!)
> 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 ----------------- [email protected]
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