Legalwatch: Chapterhouse vs Games Workshop - Appeal filed

[lattd]

No ones saying after market companies like scibor puppet wars etc are bad and there really are loads of them, we are saying if you use copyright material then stick your fingers in your ears saying lalala, I can't hear you when people tell you your infringing copyright then you deserve to be sued. Remember the old adage don't buy the hand that feeds.

I wonder how much CHS lawyers pushed for appeal, I mean pro bono looks good for the company when you win, but here it wasn't really a win, they have to pay up so none of the pro bono teams can charge GW and reliably get paid, so they have nothing to lose from appealing.

[Psychosplodge]

lols
An American lecturing on the use of English *cough* maths *cough*

Coffee machines and cars are both machinery you're entitled to buy spares for in order for them to remain functional...

[Mr Mystery]

So is this the common track?

One side waits until the last possible moment to appeal, with the other side waiting for the same thing. Like a sort of game of legal chicken?

Because I see the sense in allowing a further 14 day window for whichever party didn't appeal, otherwise it just becomes brinkmanship.

And if the answer could just be the answer please. No snidey comments or grandstanding.

[weeble1000]

So is this the common track?

One side waits until the last possible moment to appeal, with the other side waiting for the same thing. Like a sort of game of legal chicken?

Because I see the sense in allowing a further 14 day window for whichever party didn't appeal, otherwise it just becomes brinkmanship.

And if the answer could just be the answer please. No snidey comments or grandstanding.

It is pretty standard to file on the last day. Virtually ALL filings in this case have been on the last day of a deadline. That way the opposing party has to make decisions without knowing what you are doing.

[Mr Mystery]

Which isn't what I asked now, is it?

It was a general process question, rather than one relating to this specific case.

[weeble1000]

It is pretty standard to file on the last day. Virtually ALL filings in this case have been on the last day of a deadline. That way the opposing party has to make decisions without knowing what you are doing.

There you go Mystery. Right at the top.

A common issue around here seems to be the assumption that if someone quotes another member's post it means that everything written in the post is therefore expressly framed as a response specifically to the quoted member.

God forbid that someone should have a related thought or reply generally to several prior posts without quoting everyone and writing a laborious line by line response. I'll fix my post just for you Mystery.

[Chalji]

So is this the common track?

One side waits until the last possible moment to appeal, with the other side waiting for the same thing. Like a sort of game of legal chicken?

Because I see the sense in allowing a further 14 day window for whichever party didn't appeal, otherwise it just becomes brinkmanship.

And if the answer could just be the answer please. No snidey comments or grandstanding.

Parties usually wait until the last moment to prevent the other side from having any additional time to respond.

As an example. If you have 14 days to file a written brief, you may have it ready to file on day 2, but you will file it on day 14 so as not to give the other side an extra 12 days to respond.

As an additional factor with appeals, a ton of deadlines start accruing once the appeal is filed, such as generating the record on appeal, filing docketing statements, getting briefs on file etc. It makes sense then to buy yourself extra time by waiting to file the notice of appeal. An extra few weeks can make all the difference.

[weeble1000]

In addition to not wanting to extend time to reply, you also don't want to give the opposing party an opportunity to modify their own concurrent filing, if there is one, knowing what your arguments are. Even though they are not necessarily related, you don't want to let opposing counsel know more than you have to.

Delaying filing time, especially on an appeal does increase the risk of error. I have seen appeals denied on procedural ground because a filing deadline was missed by a day. That's a little harsh, but some judges are strict about deadlines. Making a mistake like that is also a great way to piss off your client.

[lattd]

Yep filing last minute is pretty standard not just for tactical reasons but just minimises errors as you can double check typos, have more time to confirm everything is correct in terms of what's been said etc. first thing we got taught in civil litigation is use the deadlines to their fullest.

Side note I have an American law trivial pursuit I should really play at some point.

[weeble1000]

Yep filing last minute is pretty standard not just for tactical reasons but just minimises errors as you can double check typos, have more time to confirm everything is correct in terms of what's been said etc. first thing we got taught in civil litigation is use the deadlines to their fullest.

Side note I have an American law trivial pursuit I should really play at some point.

Is it called "Disorderly Conduct?"

One feels very nerdy playing that game, but it is very fun...if you find the law interesting that is...