Please recall just how far BSF's stunts got them with Magistrate Wells. A good
fair distance to be sure. Close... but no cigar.
Or with Judge Dale
Kimball.
Judge Ted Stewart otoh, had apparently seen it all somewhere
before...
As has Judge Alsup. Here the magistrate ran an expeditious
discovery that neither party had an apparent desire to drag out. Judge Alsup,
recognizing the second stupidest lawsuit in history, then gave them every
encouragement to settle. When that didn't work the Judge cut neither party slack
on trial schedule. As others have pointed out, it is his job to make certain the
jury recognizes the critical questions as they arise. Particularly critical
questions that he himself might end up deciding.
And the purpose of
cleanroom engineering is certainly one he wants well argued. For himself, for
the jury, and for the appeals bench. Its one thing if his ruling is overturned
as a matter of interpretation of law. That happens. What Judge Alsup does not
want is for either party to feel obliged to squeeze something into their appeals
briefs that was not adequately argued before his own court.
This trial's
record should stand on its own. Its Judge Alsup's job to make sure that it
does.
Thanks.
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