Picard Appeal Rejected by Evil Judge

Not sure what this means in the big scheme of things, I'm sure someone else can explain that, but I don't like it.

4 months ago Terry_is_God 18 comments 0 recs |

Comments

It means that he can appeal after the trial.

It was that motion that Rakoff rejected Tuesday, meaning that the trustee would have to wait for the trial to be held and completed before he could formally appeal Rakoff’s interpretations of the law.

In other word, if Picard wins the trial, he can then appeal the other ruling and pursue the full amount.

One day, this team is going to kill me.

by fxcarden on Jan 17, 2012 7:26 PM EST reply actions

* in other words

One day, this team is going to kill me.

by fxcarden on Jan 17, 2012 7:27 PM EST up reply actions

Indeed.

"I dunno. I never smoked any Astroturf. "

– Tug McGraw when asked about his preference for grass or astroturf

by Terry_is_God on Jan 17, 2012 7:30 PM EST up reply actions

Oh, and apparently, no matter what

they have up to 6 years to pay ?.

something about a “6 year recovery period” ?

we’re screwed.

One day, this team is going to kill me.

by fxcarden on Jan 17, 2012 8:50 PM EST reply actions

No appeal until the trial is over

if the appeals court would even take it.

by acerimusdux on Jan 17, 2012 8:59 PM EST reply actions

Well, once the trial's over they have to take it.

But they don’t have to take appeals in the middle of the case. These are called “interlocutory appeals.” You have to request permission to file one, and as you might imagine, permission is very rarely granted.

by madisonmetsfan on Jan 18, 2012 8:54 AM EST up reply actions

they gave to at least hear the appeal

One day, this team is going to kill me.

by fxcarden on Jan 18, 2012 10:58 AM EST up reply actions

Why?

It’s not automatic, you need to have grounds for appeal, basically an argument that a matter of law is unsettled or has not previously been decided by that court of appeals.

Given that Rackoff directly relies here on a recent 2nd circuit decision, and additionally holds that in this case “the language of the statute is plain and controlling on its face”, I’m not sure what there is to appeal.

by acerimusdux on Jan 18, 2012 12:22 PM EST up reply actions

if the judge grants the right to appeal, and they file the appeal, the court has to hear it

otherwise, how will they know enough to dismiss it ?.

I’ve been thru this myself on a personal matter, and I am pretty sure that is how it works.

One day, this team is going to kill me.

by fxcarden on Jan 18, 2012 2:02 PM EST up reply actions

Hopefully

this means we can get the Madoff stuff behind us sooner, rather than later. The trial should go forward in 2 months.

by acerimusdux on Jan 17, 2012 9:03 PM EST reply actions

this is our most desperate hour

help me Irving Picard, you’re our only hope.

"No curses, only incompetent ownership" - Russ

by Help!I'maRock! on Jan 17, 2012 9:27 PM EST reply actions 3 recs

RAmen!

Hoping the Wilpons become the Will-pawns

by exbrooklynite on Jan 17, 2012 11:20 PM EST up reply actions

Recd

__________________________________________________________________
Really good kid.A very good player.Not a superstar. #BlameWilponz. Never Forget

by ScottfromPeekskill on Jan 18, 2012 1:39 AM EST up reply actions

this needs the Dickey face

shame on you

One day, this team is going to kill me.

by fxcarden on Jan 18, 2012 2:03 PM EST up reply actions

I know i'm probably over simplifying the whole thing,

But if the Wilpons have to pay less, shouldn’t that mean they have more money for the team? Its obviously not the perfect situation, but it has to be better than what we are stuck with now.

Down 2 in the bottom of the ninth?
Lets Bring in Willie Harris!

by ShaqKazaam on Jan 17, 2012 10:47 PM EST reply actions

Only in theory

More likely, it further convinces them they can weather out their financial problems, and still be majority owners in a few years, however long, when everything settles. That’s probably not the best for the short-term future.

"Blinding ignorance does mislead us. O! Wretched mortals, open your eyes!" Gil Hodges IS a Hall of Famer.
Ryder or Riot #WWWYKI

AA Gamethread Embiggening Record Holder- 458 posts (08/24/11)
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by Brooklyn Dodgers Mets Fan on Jan 17, 2012 11:20 PM EST via mobile up reply actions