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Hello, I am lawyer with a PSA: almost everyone is wrong about the OGL and SRD. Clearing up confusion.
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<blockquote data-quote="Snarf Zagyg" data-source="post: 8890031" data-attributes="member: 7023840"><p>What you are saying is 100% not true.</p><p></p><p>As you an experienced commercial litigator, with vast amounts of experience in the United States, you know that (setting aside the difference between mandatory and prohibitory injunctions, not to mention preliminary and permanent) the multi-part test for injunctions is different in different jurisdictions; you do not apply the same test in Minnesota that you do in Florida that you do in Hawaii that you do in South Carolina (yeah, they all have a <u>materially different test</u>). In most jurisdictions in the United States, the "balance of convenience" is not considered.</p><p></p><p>So yeah. Quite frankly, for anyone to say that they can confidently assert something without <em>even knowing what law applies </em>boggles the mind.</p><p></p><p>I don't even have words for that .... "Hey, I don't where the lawsuit is going to be, I don't know what law could possibly apply, but allow me to give you my confident analysis and rubbish other people."</p><p></p><p>Thanks, but no thanks.</p></blockquote><p></p>
[QUOTE="Snarf Zagyg, post: 8890031, member: 7023840"] What you are saying is 100% not true. As you an experienced commercial litigator, with vast amounts of experience in the United States, you know that (setting aside the difference between mandatory and prohibitory injunctions, not to mention preliminary and permanent) the multi-part test for injunctions is different in different jurisdictions; you do not apply the same test in Minnesota that you do in Florida that you do in Hawaii that you do in South Carolina (yeah, they all have a [U]materially different test[/U]). In most jurisdictions in the United States, the "balance of convenience" is not considered. So yeah. Quite frankly, for anyone to say that they can confidently assert something without [I]even knowing what law applies [/I]boggles the mind. I don't even have words for that .... "Hey, I don't where the lawsuit is going to be, I don't know what law could possibly apply, but allow me to give you my confident analysis and rubbish other people." Thanks, but no thanks. [/QUOTE]
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Hello, I am lawyer with a PSA: almost everyone is wrong about the OGL and SRD. Clearing up confusion.
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