Donald Falk
Donald Falk
cases facts forever law pitch pound seems strangle weak
Microsoft's pitch seems to say that big antitrust cases have to take forever or they can't be brought, which would strangle antitrust law in a fast-moving industry. When you are weak on the facts and weak on the law, you pound on the judge.
anyway focus taking
The focus here is taking out ones that wouldn't make it anyway .
category congress direct government narrow option past privilege provided
This is not just any case. It's in a narrow category where Congress has provided the option for direct review, ... It's not a privilege that the government has abused over the past 26 years.
case circuit complete judges leaves none open record seen
None of the judges in the D.C. Circuit has seen the record in this case yet, which leaves everything open to complete reconsideration,
last standing sure time
I'm pretty sure this one was still standing the last time we were here.