[Web] How many unpaid Genesi employees? | ANN.lu |
Posted on 27-Feb-2004 08:29 GMT by Christian Kemp | 214 comments View flat View list |
In a thread titled "How many unpaid Genesi employees?" on Moo Bunny, Johan Rönnblom posted his story.
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How many unpaid Genesi employees? : Comment 196 of 214 | ANN.lu |
Posted by samface on 02-Mar-2004 16:41 GMT | In reply to Comment 166 (Johan Rönnblom): >> "In light of defendant's failure to participate in this litigation through
>>counsel..."
>
>Nice quoting technique. The sentence continues: ", defendant has neither
>opposed plantiff's motion for summary judgment nor presented evidence of
>intent that would preclude a finding in plaintiff's favor."
...which is saying the exact same thing, ie they have failed to defend themselves. Everything that Bill McEwen tried to present to the court as evidence (after their lawyer witdrew from the case) was dismissed because he didn't have legal counsel.
>Does this mean the verdict was based on nothing but AInc's inability to
>defend themselves? Certainly not!
Of course it wasn't *solely* based on the defendant's inability to defend themselves, but you can't dismiss the "In light of defendant's failure to participate in this litigation through counsel..." part since it makes it perfectly clear that this fact is playing a significant role in this summary judgement. There would probably not even been a summary judgement if the defendant would simply have had legal counsel to oppose the plaintiff's motion. The fact that the plaintiff had done their part in regards of their burden of proof does not change this since the defendant have not been able to review nor dispute any of it. |
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