Originally Posted by
Denny Crane
Carl,
I think most of us agree that this lawsuit is a nuisance, suspect, and should be thrown out immediately. My question for you is if DOJ is the sole authority then why wasn't the lawsuit summarily dismissed in a previous court appearance? I would think the lawyers for Delta/Northwest would have tried to do this. Seems to me by taking the lawsuit to trial, the judge on the case may not agree with you!
Oh I don't disagree with that at all. Especially California courts. The 9th circuit court of appeals in San Francisco is the single most over-turned court in the nation. Some of the Supreme court rulings that over-turned their opinions were jurisdictional. That is, the court had no standing to even hear the case in the first place.
In my non-lawyer opinion, this is such an example. I don't know whether the case has just been scheduled, or whether it is too early for the defendants bar to have even entered a motion for summary judgement dismissal due to the court's lack of standing. If summary judgement motions have already come and gone, then this court is embarking on an almost certain reversal on appeal.
Do we have any lawyer lurkers out there that care to render their opinion on this?
Carl