Re: Hey Gil...Hey PRAVDA...Gil...COMBA...
in response to
by
posted on
Mar 19, 2009 10:29AM
You asked:...
"so my $64,000 question is..."DOES THIS MEAN THERE CANNOT BE AN APPEAL?"...
The ANSWER is NO IT DOES NOT MEAN THAT...
You pay your Appeal fee and file for it...
The correct questions are (1) what would be the GROUNDS for appeal?, and (2) and how would the Appellate Courts dispoe of it?...
The only appropriate appeal avenue left for Bow and his lawyers is to argue that the lower Court erred in its Choice of California Law...
On appeal there is no chance to re-argue the case as to what was the intent of the parties. The first and only issue the appeallate Court will address is, was the choice of Califonia Law appropriate under Conflicts Of Laws rules? And if they agree, (which they must under existing Supreme Court decions) the lower Court was correct in applying California Law, then the Non-Compete agreement is VOID.
Gil...