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Originally Posted by pwalker8
Of course, if you will recall, the Microsoft case ended up with the verdict being overturned on appeal, the judge being rebuked rather harshly for lack of impartiality and a face saving settlement by the justice department rather than a retrial.
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Except this time around the appeal (US v. Apple+Publishers) is not going all that great. Of course have to see how this trial goes first. Coincidence that this gets allowed to go to trial after the appeal might fall through the first time around?
[Page Proof] Brief for Plaintiffs-Appellees United States and Plaintiff-States (August 14, 2014)
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CONCLUSION The only question in this appeal is whether the district court abused its discretion by declining to disqualify the Monitor; it did not, as the Monitor demonstrated neither partiality nor possession of extrajudicial knowledge. The Injunction’s legality is at issue in Apple’s appeal from the Injunction – not this appeal from Apple’s request to disqualify the Monitor. But in any event, the Injunction was within the district court’s authority to order and should not be vacated. Instead, the Court should deny all of Apple’s requested relief.
Respectfully submitted.
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