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> Legally ? I don't know, I'm not a lawyer, and law can frequently have surprising implications in the twists and turns of the its logical structure, which - as
by dragontamer 4y ago
> Legally ? I don't know, I'm not a lawyer, and law can frequently have surprising implications in the twists and turns of the its logical structure, which - as a bonus - differ by time and exact place.
The contract states the place of the law. Specifically: in the Delaware Chancery Court. The contract also states the time and conditions of the contract.
Have you read the contract? Its public. Furthermore, the date of the court case has been set for October. It seems unlikely that Delaware law is going to change dramatically between then and now.
- Banana699 4y agoHow does any of this change or contradict what I said? And doesn't the US legal system allow for escalation to the Supreme Court, which can override lower courts? So technically whatever the Delware Court is not the final say on whatever happens. >Trial date set to October This is so so awesome, I will get to see Twatter defenders rage and fume for 2 more months? ^__^
- dragontamer 4y ago> and law can frequently have surprising implications in the twists and turns of the its logical structure, which - as a bonus - differ by time and exact place. There's no twist or turn of the law I can possibly imagine between today, and October, in the Delaware Court of Chicanery. There is a reason why contract laws are written to be argued in this court. Its considered one of the most straightforward courts in the entire country, with legal expertise / judges who specialize in corporate contract law. -------- But sure, I'm all ears. What kind of "surprise legal twist" do you think will happen over the next 2 months? I really don't think its too complicated of a court case. Its just fun / fascinating to watch from the perspective of internet celebrities. In any case: the time has been set. October 2022. The location has been set, Delaware Court of Chicanery. The arguments have been set: we know what Elon is seeking to argue, and we know what Twitter is seeking to argue. Not much else to hypothesize here, really.
- Banana699 4y ago>There's no twist or turn of the law I can possibly imagine If you're not a lawyer, this has 0 value. If you're not a highly paid team of several top lawyers, this has less than 0 value. Their entire profession is to spin circles around common sense or naive reasoning, so just wait and see. Law is harder than you think. Don't Dunning-Kruger your way into a highly complex domain, it never works. >What kind of "surprise legal twist" do you think will happen over the next 2 months By my own admission, I'm not a lawyer. So I don't understand why you think you or me can answer or predict this question better than those studying for decades and highly paid for months to think about it.
- dragontamer 4y agoYou're performing some kind of weird Russell's teapot applied to legal arguments. https://en.wikipedia.org/wiki/Russell%27s_teapot https://en.wikipedia.org/wiki/Russell%27s_teapot * "There's a good argument for Elon Musk's side of the case out there, floating between Earth and Venus if only you'd look at it". * "Oh, I'm not an astronomer, you shouldn't expect me to point out this teapot to you or tell you where it is". Okaaaaaaaay. But that's not how discussions work in practice. I put forth the best arguments I'm aware of, and you put for the best arguments you've thought of, then we both evaluate the evidence for ourselves. That's... normally how discussions work. If you're not interested in the legal minutia, then you don't have to discuss them with me? I'm not saying I'm a perfectly good lawyer myself (indeed, I'm an engineer). But there's value in the struggle to understand these things, even things outside of my field. ---------- The legal arguments for this case so far, are actually really simple. You don't need to be a lawyer to understand: 1. That the Court of Delaware has been chosen. 2. That the judge (Judge Kathaleen St. J. McCormick) has been chosen. She has set the date on October 2022. Her history of cases is public and well known. 3. The contract in question is public, well known, and well discussed. All of these items are publicly available to you and me. Maybe I'll get some facts wrong, as I struggle to understand the case, but we're not exactly in rocket-science level or PH.D levels of legal theory here yet. You're seemingly trying to make some kind of weird... meta-Argument like this is too complicated to understand? But its actually really simple so far.
- vba616 4y agoAn expert commenter on the topic (not me) wrote that there is only one potential step in the appeals process, and that is a "Supreme Court" which is in Delaware, not the famous "US Supreme Court" you may have heard of. First Google hit for "delaware chancery court appeal": "The Supreme Court is the State's appellate court which receives direct appeals from the Court of Chancery, the Superior Court, and the Family Court"
- dragonwriter 4y agoIf there is an issue of federal law raised (which can emerge during the case, e.g., if there is a due process issue with the handling of the case, even if it isn't initially part of the case) state Supreme Court decisions can be appealed directly to the US Supreme Court, though (like all appeals to the Supreme Court) such appeals are heard at the discretion of the US Supreme Court, not by right.