Fantasy Artist Roger Dean Loses Avatar Lawsuit

Started by Solomon Zorn, May 08, 2015, 12:57:17 PM

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Hijiri Byakuren

Quote from: Solomon Zorn on May 09, 2015, 02:16:30 AM
I'm not so sure about that. Did you read the article? The judges opinion was self contradictory. And he just dismissed the case outright, instead of letting a jury decide the case.
If the plaintiff and defendant waive their right to a jury, then a civil law case can be overseen by the judge alone. You can't exactly blame the judge for something he didn't arrange.
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Solomon Zorn

Is that what happened? For some reason I was under the impression that he was just deciding whether it merited going before a jury.
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Hijiri Byakuren

Quote from: Solomon Zorn on May 09, 2015, 01:12:31 PMIs that what happened? For some reason I was under the impression that he was just deciding whether it merited going before a jury.
No, in civil trials you always have the right to a jury. If you waive that right, you are basically agreeing to legal arbitration by the judge, which... I think is what's happening here. The article focuses so much on the argument at hand, it's hard to tell what's actually happening in the court proceedings.
Speak when you have something to say, not when you have to say something.

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