Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: JEH_Boston

It’s not my area of expertise, but a couple of points:

The SF Court seemes to have ruled on the main issue, and did not dismiss the case based on lack of standing. So, the ‘standing issue’ part of the decision would be appear to be dicta.

Not only is dicta not binding, but the SF court’s decision is not binding on the Philly court.

Of course, it may be that the judge’s dicta was correct, in which case lack of standing may be grounds to dismiss Berg’s suit if the legal reasoning is sound, and the applicable law specifies that only the opponent may file such a suit.


33 posted on 09/18/2008 7:34:57 PM PDT by Canedawg (Sarah Palin Rocks. McCain-Palin '08)
[ Post Reply | Private Reply | To 20 | View Replies ]


To: Canedawg

Thanks!


40 posted on 09/18/2008 10:07:41 PM PDT by JEH_Boston (There's a landslide coming.....)
[ Post Reply | Private Reply | To 33 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson