Query re: European figs

[SoCalMan2]

Do you ever hand out dead rails in european figures?

[TGJB]

No. I have to say, that may be a question that has never been asked before on this earth.

[SoCalMan2]

TGJB Wrote:
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> No. I have to say, that may be a question that has
> never been asked before on this earth.


Call me an original.

[TGJB]

Original comments on the new brief?

[bstaubs22]

That may be something for next breeders cup. Horses coming over from Europe off of a dead rail. Or for that matter any euro invader period.

[SoCalMan2]

TGJB Wrote:
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> Original comments on the new brief?


The brief looks good to me.  All I would emphasize is something that is already in it -- why should the judge be able to step into the marketplace and undo market pricing?  That in a nutshell is the whole case -- and everything should rise and fall on that.

Rejecting a well and properly established market price runs afoul of a numerous uncontroversial legal principles.  What\'s more, it is not even clear what possible counter-argument there is to using the market price.  I am curious if the other side has said -- \"do not use the market price\" -- and what the basis is for that. The lower court judge even knew he had to use market price, he just went to the wrong market -- a market where the services in question cannot be obtained.  The brief pointed this out clearly -- it is like applying the market price for apples to decide what the correct price for pineapples should be.  If you want to know the market price for pineapples, go to a market where they sell pineapples....don\'t take the market price for apples and say it applies to all apples and pineapples.

It is settled that the guy stole services from you.  It is no different than taking legal advice and not paying.  What the price is for those services is the only question and that is no mystery. If this were a case for legal fees, it would have never gotten this far.

As the brief points out, if the As***le on the other side prevails, why would any customer not just take the advice and then seek a judicial discount after the fact? In fact, the decision creates the legal perversity where it would make sense for you to alternatively file for a declaratory judgment affirming your prices. A court would think it mind-boggling that any business would seek a declaratory judgment requesting prior approval of prices (the thought of it is simply ludicrous), but with a precedent like the lower court decision out there, all of a sudden, such a declaratory judgment goes from a complete legal perversity to actually making sense. In fact, if you lose, I would consider filing alternatively an appeal to the Kentucky Supreme Court and such a declaratory judgment petition.

I know I am preaching to the choir and this has to upset you more than anybody else......it would be a total travesty if the lower court\'s pricing stands.

If the court\'s pricing decision prevails, it would be interesting to see if you could bring a federal anti-trust case against the Kentucky state courts for illegally restraining your trade -- in fact, you might have a commerce clause case too. Basically, in all other states in the union, you can charge your normal prices -- but in Kentucky you required to give 90% discounts??  Why does Kentucky believe it is above all other states in the union?  That is not allowed in our country.  The absurdity of this behavior by local authorities was already exposed in the famous interstate milk cases.  You have an interstate business not unlike the milk business -- no one state can step in and start screwing with milk prices, so why should one state be able to step in and screw with your prices?

[TGJB]

That last section is pretty interesting, So Cal.

[SoCalMan2]

TGJB Wrote:
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> That last section is pretty interesting, So Cal.


Let\'s just hope it never has to be put to the test.  So far, you just have a errant lower court decision.  Let\'s find out what the law of the land is in Kentucky.