LFL v SDS

[exoray]

Well it appears AA's new strategy is to toss in the towel, ignore the US courts and let a default be entered against him...

It should be very interesting from this point on... And so much for getting some real answers to some of the questions brought forward in this case...

Docket

 

[TK765]

I always figured it probably wouldn't get to trial.

 

[Qui-Gonzalez]

I may be way off base here, but it reads like AA was served a summons and basically ignored it. LFL is filing for a default since AA ignored the summons. Now a judge has to rule on AA defaulting since the clerk cannot? It shows I am sooooo not a lawyer.

 

[exoray]

Originally posted by Qui-Gonzalez@Feb 9 2006, 07:06 PM
I may be way off base here, but it reads like AA was served a summons and basically ignored it. LFL is filing for a default since AA ignored the summons. Now a judge has to rule on AA defaulting since the clerk cannot? It shows I am sooooo not a lawyer.

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Lawyer or not you got it...

 

[Prop-Maker]

I have a feeling that my cousin could translate all that lawyer-talk for me.

 

[Boba Debt]

So AA isn't giving up, their just saying "What ever"????

 

[exoray]

So AA isn't giving up, their just saying "What ever"????

No AA has decided to ignore the court, basically the case wraps up (judgment) based on LFL claims as being factual and now uncontested...

Lets put it this way, if he was a boxer he just refused to get off the stool and answer the bell...

 

[RedTwoX]

Originally posted by Boba Debt@Feb 9 2006, 07:10 PM
So AA isn't giving up, their just saying "What ever"????

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That's what it looks like.

 

[gonk27]

What on earth is he thinking? ....

 

[foxbatkllr]

Originally posted by Qui-Gonzalez@Feb 9 2006, 04:06 PM
I may be way off base here, but it reads like AA was served a summons and basically ignored it. LFL is filing for a default since AA ignored the summons. Now a judge has to rule on AA defaulting since the clerk cannot? It shows I am sooooo not a lawyer.

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I'm not a Lawyer, but I am a Law Student...and you got it right.

Edit: After reading through most of those files, I'm surprised at how much I've already learned and understand. I'm only a first year law student and by reading the complaint and motions I came to the same conclusion as the Judge (on the motion to dismiss for lack of jurisdiction). Then when I read the Judge's opinion, he pretty much hit all the points that I had thought of, including specific cases such as Burger King and International Shoe.

 

[DL 44 Blaster]

So will SDS continue to openly sell?? :confused

 

[foxbatkllr]

Originally posted by DL 44 Blaster@Feb 9 2006, 05:01 PM
So will SDS continue to openly sell?? :confused

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Not for long. SDS is demonstrating the easy way to lose a lawsuit.

 

[Kerr Avon]

Interesting.

 

[Qui-Gonzalez]

So, my next question for the legal eagles; If LFL gets the default judgement, does that mean they "win" their claims from AA OR does this head to an international or UK court room to have an old fashioned duke-'em-up in that arena?

 

[foxbatkllr]

Originally posted by Qui-Gonzalez@Feb 9 2006, 05:28 PM
So, my next question for the legal eagles; If LFL gets the default judgement, does that mean they "win" their claims from AA OR does this head to an international or UK court room to have an old fashioned duke-'em-up in that arena?

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I don't know much about international law, but I do know that SDS will probably be enjoined from selling more helmets in the U.S. at least and LFL could possibly be awarded up to 15 million dollars (I think that's what they are asking for).

 

[Qui-Gonzalez]

I thought it added up to 20. At that point, it doesn't even matter, jeez. 1 million or 20 million...anything after one is just crazy.

 

[exoray]

Originally posted by Qui-Gonzalez@Feb 9 2006, 08:28 PM
So, my next question for the legal eagles; If LFL gets the default judgement, does that mean they "win" their claims from AA

Yes...

OR does this head to an international

No such thing as International court...

or UK court room to have an old fashioned duke-'em-up in that arena?

Yes it will head to the UK court system as a collection for judgment, there will no duke-'em out in that case, the UK court under the Hague Convention will not rule on the merits of the case that lead tot he judgment, but only if it is a legitimate judgment...

Of course because it's International there will be a few obstacles, the fact AA defaulted might have some relevance under the Hague Convention but I doubt it since he did start to defend himself at first, it wasn't an all out default from the start...

Read Chapter III of this part of the Hague Convention for a detailed explanation...

http://www.hcch.net/index_en.php?act=conventions.text&cid=98

 

[foxbatkllr]

Originally posted by Qui-Gonzalez@Feb 9 2006, 05:37 PM
I thought it added up to 20. At that point, it doesn't even matter, jeez. 1 million or 20 million...anything after one is just crazy.

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I probably miscalculated...I did just sort of skim through that part.

 

[TKBIG]

Originally posted by exoray@Feb 9 2006, 06:47 PM
It should be very interesting from this point on...  And so much for getting some real answers to some of the questions brought forward in this case...
Docket

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Man, you said. This is disappointing to say the least. I wanted to see some of the questions brought out in the various threads get some type of answer. Heck anything would be better than silence........

 

[Ghost Host]

Strange development.
How can LFL stop SDS from selling to the US? I mean that literally? What will they do? And how will they claim their award without going over to the UK?

I don't know much about international law, but I do know that SDS will probably be enjoined from selling more helmets in the U.S. at least and LFL could possibly be awarded up to 15 million dollars (I think that's what they are asking for).