tag:blogger.com,1999:blog-2893512317902577458.post5969396749157478888..comments2024-01-06T02:22:33.000-05:00Comments on Camden Depot: The MASN Case: Will The Case Go Back To The RSDC?Jon Shepherdhttp://www.blogger.com/profile/03521809778977098687noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-2893512317902577458.post-57308383813385691602016-03-09T14:46:43.886-05:002016-03-09T14:46:43.886-05:00MASN didn't oppose the motion.MASN didn't oppose the motion.Matt Perezhttps://www.blogger.com/profile/16191574755038653061noreply@blogger.comtag:blogger.com,1999:blog-2893512317902577458.post-83608804569808034942016-03-02T19:56:16.279-05:002016-03-02T19:56:16.279-05:00The hearing was rescheduled to March 9th. But MASN...The hearing was rescheduled to March 9th. But MASN hasn't submitted a response and my understanding is that they should have done so yesterday. I suspect that it will be rescheduled yet again. <br /><br />Feel like it will occur sooner rather then later. We'll see.Matt Perezhttps://www.blogger.com/profile/16191574755038653061noreply@blogger.comtag:blogger.com,1999:blog-2893512317902577458.post-84995597087843736682016-03-02T12:05:26.381-05:002016-03-02T12:05:26.381-05:00Please keep us informed as to any news you hear on...Please keep us informed as to any news you hear on this. The hearing date has already passed– I think– yet nothing from any of the major media outlets.<br /><br />Again, thanks for an excellent and non-biased overview.James Joneshttps://www.blogger.com/profile/05924076186902270786noreply@blogger.comtag:blogger.com,1999:blog-2893512317902577458.post-74989582319857200442016-03-01T20:38:50.658-05:002016-03-01T20:38:50.658-05:00Thanks kindly.
Honestly, I had no intent to infer...Thanks kindly.<br /><br />Honestly, I had no intent to infer that the Court might vacate either the previous decision or a future decision due to this potential bias. I can see where you may have gotten that impression though. <br /><br />I agree that this isn't evidence of bias. My understanding is that the necessary standard is an appearance of bias. I think it's possible, if highly unlikely, that a court could decide there's an appearance of bias. <br /><br />I was thinking that this potential for bias could help convince an appellate court, provided it agrees with the reasoning of Justice Marks that there was evident partiality due to Proskauer (not a given), to send this case to an independent forum instead of back to the RSDC. <br /><br />I don't think it will be strong enough to force an appellate courts hand, but rather might sway them a bit. Matt Perezhttps://www.blogger.com/profile/16191574755038653061noreply@blogger.comtag:blogger.com,1999:blog-2893512317902577458.post-53455534538843015682016-03-01T08:46:58.870-05:002016-03-01T08:46:58.870-05:00An excellent synopsis but one point. MASN may sugg...An excellent synopsis but one point. MASN may suggest the potential for bias but this is not evidence of bias, and absent such evidence no court is going to hold in their favor. Unless MASN can draw direct lines between the points you discuss, their appeal will likely fall on deaf ears.James Joneshttps://www.blogger.com/profile/05924076186902270786noreply@blogger.com