CGC et al To Aggressively Defend Against Lawsuit Filed In Pennsylvania 11 11

[Mark Zaid]

10 hours ago, comicwiz said:

There is an assertion in the "court opinion" that restoration work is generally reversible. The opinion is indoctrinated in the belief of the "expert" who leads this into a direction to prove IGB is, as someone else here described it, "another level." To clarify my question, one of the main arguments for "reversible" work is to allow anyone during the ownership chain to decide whether they want to return the work to an unrestored state. If we are to believe everything we've been told about how IGB's work makes it impossible to know where the work starts and ends, I would like to apply this to actual methods that reflect this concern. More specifically, how is some of the work Classics does, including leafcasting, reversible?

And you are once again asking a question about restoration. So I once again direct you to contact CCS, Matt Nelson or Kenny Sanderson. And if you want to know whether IG's work is reversible or not, I suggest you contact IGB directly. 

Edited February 1, 2019 by Mark Zaid

[Mark Zaid]

10 hours ago, comicwiz said:

One follow-up, who did the courts use to form an opinion on "standard/accepted" and "rogue" restoration? How were they able to maintain impartiality?

The Court based its opinion on the information provided to it by both parties. Evidence on restoration was provided by way of deposition transcripts of the Meyers, Matt Nelson and Kenny Sanderson. Harshen Patel and Paul Litch were also deposed. IGB also relied upon a submitted statement by Steve Borock. 

Obviously CGC's evidence was considered more persuasive by the Judge.

[Aweandlorder]

On 1/25/2019 at 5:52 PM, kav said:

GLWT

Doesn't the CGC attorney has better things to do than correspond with you

[Mark Zaid]

To CGC Community -

After the trial court dismissed their action in its entirety, the Defendants appealed to Superior Court, which is the next level appellate court.

I wanted to let you all know that oral arguments are scheduled to be held on Wednesday, September 18, 2019, at 530 Walnut Street, 17th floor, Philadelphia. Court begins at 10 am, but we are 9th on the list so we suspect oral arguments (15 minutes each side) will be in the early afternoon. But that can always change.

The proceedings are open to the public so we encourage anyone in the Philadelphia area to come watch the arguments. 

The fact that we prevailed on summary judgment before the trial court, especially in Philadelphia, says a lot. For a number of years, the City of Philadelphia has ranked near or at the top of the list of "hellholes", locations where plaintiffs are perceived to have an incredible advantage. Yet, we prevailed solely on the submission of written filings.

We remain steadfast in our view that nothing will change, notwithstanding of course that litigation can always be unpredictable. That said, even the report of their expert comic book witness supports our position that the involved issues constitute opinions and at no time states that any comment was defamatory in nature, which is what you would normally expect to see in an expert report (and I have served as an expert witness in several cases myself).

It is likely an appellate decision will not be issued for several months and I shall, of course, report back to the Boards when that occurs.

[kav]

On 1/31/2019 at 4:42 PM, Aweandlorder said:

Doesn't the CGC attorney has better things to do than correspond with you

"have"

[James J Johnson]

3 hours ago, kav said:

"have"

And since it is a question, how about if he included a ? at the end of the question?

[Point Five]

10 hours ago, Mark Zaid said:

We remain steadfast in our view that nothing will change, notwithstanding of course that litigation can always be unpredictable. That said, even the report of their expert comic book witness supports our position that the involved issues constitute opinions and at no time states that any comment was defamatory in nature, which is what you would normally expect to see in an expert report (and I have served as an expert witness in several cases myself).

 

It is likely an appellate decision will not be issued for several months and I shall, of course, report back to the Boards when that occurs.

Excellent... Good luck Mark.

 

[manetteska]

11 hours ago, Mark Zaid said:

For a number of years, the City of Philadelphia has ranked near or at the top of the list of "hellholes"

Finally, in writing.

[zosocane]

Go get 'em, Mark.  You looked good in your warm-ups on the courthouse steps this morning.

 

 

[ivegotneatstuff]

On 9/10/2019 at 11:00 PM, Mark Zaid said:

 

The fact that we prevailed on summary judgment before the trial court, especially in Philadelphia, says a lot. For a number of years, the City of Philadelphia has ranked near or at the top of the list of "hellholes", locations where plaintiffs are perceived to have an incredible advantage. Yet, we prevailed solely on the submission of written filings.

 

True - Jim Warren and his smutty  "After Hours Magazine" can attest to that.  Good luck Mark

[revat]

On ‎9‎/‎11‎/‎2019 at 7:51 AM, manetteska said:

On ‎9‎/‎10‎/‎2019 at 8:00 PM, Mark Zaid said:

For a number of years, the City of Philadelphia has ranked near or at the top of the list of "hellholes"

Finally, in writing.

in writing...by a lawyer!  That makes it super official.

[Mark Zaid]

I wanted to alert everyone to a decision that was issued by the Pennsylvania Superior Court, which is the appellate court that heard the appeal in the current lawsuit, on October 18, 2019. The Court has reversed the decision of the trial court to dismiss the case outright on summary judgment. This decision did not determine the liability of any party but held that as a matter of law the lower court should not have reached the decisions it did, i.e., the decisions were for the jury to determine rather than the court.

I can state outright that we believe the Superior Court decision contained numerous and significant errors of fact and law. The defending parties are considering all available options as to next steps.

You can read the decision here:  

Appellate Court Decision

[kav]

15 minutes ago, Mark Zaid said:

I wanted to alert everyone to a decision that was issued by the Pennsylvania Superior Court, which is the appellate court that heard the appeal in the current lawsuit, on October 18, 2019. The Court has reversed the decision of the trial court to dismiss the case outright on summary judgment. This decision did not determine the liability of any party but held that as a matter of law the lower court should not have reached the decisions it did, i.e., the decisions were for the jury to determine rather than the court.

I can state outright that we believe the Superior Court decision contained numerous and significant errors of fact and law. The defending parties are considering all available options as to next steps.

You can read the decision here:  

Appellate Court Decision

Frustrating.

[Mark Zaid]

Board Members:

 

This is to update you all on the status of the litigation. On Friday, November 1, 2019, we filed a Petition for Reconsideration. Essentially, we requested that the Superior Court of Pennsylvania, both the panel of three judges who heard the case and issued the opinion, as well as all members of the Court, reconsider the decision. This is also known as an "en banc" review, which means we asked for the entire Court to evaluate the arguments and reverse the decision of their colleagues. The Plaintiffs have an opportunity to respond before the Court considers the arguments.

I will continue to keep everyone updated. 

[NoMan]

2 hours ago, Mark Zaid said:

Board Members:

 

This is to update you all on the status of the litigation. On Friday, November 1, 2019, we filed a Petition for Reconsideration. Essentially, we requested that the Superior Court of Pennsylvania, both the panel of three judges who heard the case and issued the opinion, as well as all members of the Court, reconsider the decision. This is also known as an "en banc" review, which means we asked for the entire Court to evaluate the arguments and reverse the decision of their colleagues. The Plaintiffs have an opportunity to respond before the Court considers the arguments.

I will continue to keep everyone updated. 

When a Higher Court reverses the decision of a Lower Court, does the Lower Court Judge get butthurt? Does he/she Lower Court Judge begin to have colleges doubt them more? I saw you on TeeVee the other day and told my wife you read comic books. She was impressed.

[kav]

12 minutes ago, NoMan said:

When a Higher Court reverses the decision of a Lower Court, does the Lower Court Judge get butthurt? Does he/she Lower Court Judge begin to have colleges doubt them more? I saw you on TeeVee the other day and told my wife you read comic books. She was impressed.

I've read this is a big embarrassment for them and thats why they try their darnedest to not make decisions that can be open to appeal.

[NoMan]

8 minutes ago, kav said:

I've read this is a big embarrassment for them and thats why they try their darnedest to not make decisions that can be open to appeal.

When I was a kid I asked my my dad (a lawyer) why he didn't run for being a Judge. He said he didn't feel like having people lie to him all day. I miss my dad. A lot. 

[Foolkiller]

35 minutes ago, NoMan said:

When a Higher Court reverses the decision of a Lower Court, does the Lower Court Judge get butthurt? Does he/she Lower Court Judge begin to have colleges doubt them more? I saw you on TeeVee the other day and told my wife you read comic books. She was impressed.

Depends on the Judge.  Some take it personally, most do not.  I'd imagine none of them 'enjoy' being reversed though and told your underlying conclusions are incorrect.  But in a practical sense, unless the reversals are frequent, there's no damage to a reputation from a handful of reversals by the appellate division.  

[NoMan]

5 minutes ago, Foolkiller said:

Depends on the Judge.  Some take it personally, most do not.  I'd imagine none of them 'enjoy' being reversed though and told your underlying conclusions are incorrect.  But in a practical sense, unless the reversals are frequent, there's no damage to a reputation from a handful of reversals by the appellate division.  

thanks!

[kav]

Again only what I've read by being reversed repeatedly can be great ammo for other candidate if judge has any political aspirations.  Plus the ribbing from other judges.  "Guess you missed that day in law school!  Win some lose some!".