1. Marin B

    Marin B Active Member

    This is interesting, Doc No. 52

    http://cas-cdc-www02.cas-satj.gc.ca...E_info_e.php?court_no=T-431-16&select_court=T
     
    • Informative Informative x 1
  2. cloudspotter

    cloudspotter Senior Member

    Looks like it has been dismissed

     
    • Informative Informative x 2
  3. Critical Thinker

    Critical Thinker Senior Member


    Knowing of Herndon's history of retracted studies and flawed data it is not a surprise, it would be interesting to know the Judge's reasoning with the dismissal of the request to have Herndon's 'expert affidavit' admitted. Would the reasoning be available to the public via the "Interlocutory Decision Certificate of Order entered in J. & O. Book, volume 1379 page(s) 336 - 336"?
     
  4. Marin B

    Marin B Active Member

    It looks like only final decisions are available on-line. The one linked below (assuming link works) was an initial decision dismissing the case back in December 2016, but with the opportunity for the plaintiff to amend his claims (which he did, and thus the case is still going).

    https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/212929/index.do?r=AAAAAQAIVC00MzEtMTYB
     
  5. cloudspotter

    cloudspotter Senior Member


    And on it drags...

     
  6. Trailblazer

    Trailblazer Moderator Staff Member

    Is there any limit to the number of appeals? It see,s like each fresh dismissal gets appealed. At what point does the whole thing get thrown out?
     
  7. cloudspotter

    cloudspotter Senior Member

    Can anyone figure out what is going on with this? I tried following it but I don't speak legalese and just went round in circles and disappeared up my own litigation
     
  8. Svartbjørn

    Svartbjørn Senior Member

    Its up to each judge to decide how many times the plaintiff gets to amend their claim. If the Judge says that specific things in the claim have to be amended or changed in order for the proceedings to continue, and the claimant/plaintiff does so to the judge's satisfaction, then its on to the next thing and so on. If, on the other hand, the Judge decides that its going to be a waste of time and money (primarily the plaintiff's) then they'll put a kibosh on the whole thing.

    Right now, this case looks like its back in the "pleading" Phase.. where you're literally "pleading your case" to the judge. Its all paperwork, filings etc, which is why it tends to drag out.

    The case doesnt really start until you get into the "discovery" or "pretrial" phase, which is where the vast majority of the money that gets spent comes into play. This is where all the evidence is examined, claims are researched, depositions and interrogations take place etc. As for the number of appeals, its generally one appeal per court. So if you start at the bottom and there are 7 "superior" courts above the court that provided the ruling, -generally- speaking you can appeal 7 more times depending on the judge and whether or not they find grounds for an appeal.

    Its a really convoluted system. It looks and sounds easy on paper, but in practice its an absolute quagmire.