Only because the judges ruled with prejudice and didn't actually pay attention to what the case was actually about. Apuzzo's response forced the judges to admit their reasoning was flawed. I thought you said you read it???
Only because the judges ruled with prejudice and didn’t actually pay attention to what the case was actually about. Apuzzo’s response forced the judges to admit their reasoning was flawed. I thought you said you read it???
Kerchner and his co-plaintiffs could not pass the first test for legal standing: they could not show particularized injury-in-fact. The Appeals court agreed with the District Court and with 70 other such lawsuits, all decided the same way.
I said that I read the Court’s opinion. I did not read Apuzzo’s 95 page response to show cause why he should not be sanctioned or forced to pay court costs. The Appeals court judges retreated not one inch on their ruling upholding the district court’s dismissal but they did cut Apuzzo some slack on not sanctioning him and assessing court costs against him. A “show cause” order allows an attorney to present his side of a specific issue; In this case, that specific issue was whether or not the Kerchner appeal was frivolous.
Mr. Apuzzo obviously did a good job of talking the judges out of the frivolous charge.