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Old 03-05-2018, 04:42 PM   #40
pwalker8
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Join Date: Dec 2006
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Quote:
Originally Posted by darryl View Post
@pwalker. All Justices do vote on Cert. But only 4 are required for it to be granted. And Apple's attorneys, believe it or not, were well aware of Rule 10 and the Cert application was not relying on errors of fact. The case was a quite unremarkable one, did not justify Cert, and did not get Cert. You really do need to face reality and move on.
Let's see now, earlier you said that only 7 judges vote on Cert and that the Apple had the chance to appeal on the facts and since the Supreme Court refused to hear the case, that validates her findings, now you admit that neither is true.

As far as the case being unremarkable, I would suggest that perhaps you don't understand the history of US anti-trust and thus don't understand why the case is remarkable. It undercuts a previous Supreme Court ruling (Leegin Creative Leather Prods. V. PSKS, Inc, 2007), which was based on Robert Bork's theory of the purpose of anti-trust. There is quite a bit of disagreement and controversy over per se illegality and the rule of reason. Two of the appellate judges upheld her finding, while the other rather strongly disagreed with it, which tends to argue that it wasn't nearly as straight forward as you declare.
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