tag:blogger.com,1999:blog-12505562.post116533077140860185..comments2024-03-15T11:42:21.265-04:00Comments on The Patry Copyright Blog: Unpublished OpinionsWilliam Patryhttp://www.blogger.com/profile/12987498082479617363noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-12505562.post-1166492312190471852006-12-18T20:38:00.000-05:002006-12-18T20:38:00.000-05:00Dear Anonymousif this is common practice at the Ap...Dear Anonymous<BR/>if this is common practice at the Appeals level, our country is in bigger trouble than we think. It should not only be uncommon, it is clearly legally flawed for appellate courts to go back to a trial transcript and make factual/subjective and legally incorrect conclusions in any case...yet when one is siding with multimillionaire defendants and law firms & their colleagues in hopes of not being embarrassed, nationally, by a Pro se Plaintiff who clearly and definitively proved that her case had a right to go to jury; the law takes a back seat. <BR/>As you see, the District Court made numerous legal errors in their original opinion granting defendants the Motion to dismiss. Then, after Plaintiff proved, on her own and with no legal backround and representation, these legally flawed conclusions, the Appeals Court affirmed the original Judgment? <BR/>The scales of justice are clearly imbalanced and weighted heavily toward those with the heaviest pockets....you have not heard the end of this case....Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-1165346940808078102006-12-05T14:29:00.000-05:002006-12-05T14:29:00.000-05:00think it is indeed a fine line between finding as ...think it is indeed a fine line between finding as a matter of law that one party can't prevail, and fact-finding.I do know of cases where the Second Circuit has engaged in a vigorous review of the record in order to reverse, but not in issuing an unpublished opinon and not in affirming.William Patryhttps://www.blogger.com/profile/12987498082479617363noreply@blogger.comtag:blogger.com,1999:blog-12505562.post-1165345970874202992006-12-05T14:12:00.000-05:002006-12-05T14:12:00.000-05:00The Second Circuit's re-examination of the trial r...The Second Circuit's re-examination of the trial record struck me as bothersome in this case. I came away wondering if the court wanted to get rid of the suit without remand feeling, perhaps, that it was a frivolous action; so they reached and made a factual inquiry, and then classified the opinion as unciteable. <BR/><BR/>I hope someone with more familiarity with appellate copyright procedure can comment. Is it common for appellate courts to go back to a trial transcripts and make factual conclusions in copyright cases?Anonymousnoreply@blogger.com