4 ms·

Even though I'm dutch and live in NL I have no idea how our judicial system works. However, I was under the impression that a random judge is appointed to a ca

by aerique 14y ago

Even though I'm dutch and live in NL I have no idea how our judicial system works. However, I was under the impression that a random judge is appointed to a case. If my impression is correct and this judge actually does the majority of Brein's cases wouldn't that alone be worth an investigation?

tluyben2 14y ago
Yes, I do think it definitely warrants investigation as definitely all high profile BREIN cases I heard of (and that's more than these 2) were with this judge. If it would be random then someone has a bad generator :) And i'm sure, somewhere, someone is getting Rolexes and seats in councils for this. Edit: Ah, Hensen already has a seat in the Benelux council for intellectual properties.
oh_sigh 14y ago
Thank you very much. I'm glad that you have proven that people the world over can be ignorant, lazy, and uncaring - not just Americans. If an American had written what you wrote(about having no idea how our judicial system works), his comment would be paraded about as proof of the idiocy of Americans.
pgeorgi 14y ago
If it is like in Germany, there's the concept of the "legal judge": There must be a regular set of rules which judge covers which cases. That can vary locally, and over time, but it must apply to all cases filed at the same court at a time. These rules exist to ensure that judges can't take over cases they wish to distort in some way (eg. because they don't like the plaintiff or defendant, they have a strict opinion on the subject matter, ...). Unfortunately, the rules used in some places here allow(ed) the plaintiff to skew things in their favor (if they want a certain judge to handle the case). If assignment depends on the date of filing, they wait for the right day. If it's semi-random (but guessable to some very high degree based on prior day's assignments), they check the records to find the right timing... These lobbying groups consists mostly of lawyers - if there's a loop hole, they'll find it. It's possible that BREIN found a legal way to skew assignments in their favor, too.

by aerique 14y ago

tluyben2 14y ago

Yes, I do think it definitely warrants investigation as definitely all high profile BREIN cases I heard of (and that's more than these 2) were with this judge. If it would be random then someone has a bad generator :) And i'm sure, somewhere, someone is getting Rolexes and seats in councils for this. Edit: Ah, Hensen already has a seat in the Benelux council for intellectual properties.

oh_sigh 14y ago

Thank you very much. I'm glad that you have proven that people the world over can be ignorant, lazy, and uncaring - not just Americans. If an American had written what you wrote(about having no idea how our judicial system works), his comment would be paraded about as proof of the idiocy of Americans.

pgeorgi 14y ago

If it is like in Germany, there's the concept of the "legal judge": There must be a regular set of rules which judge covers which cases. That can vary locally, and over time, but it must apply to all cases filed at the same court at a time. These rules exist to ensure that judges can't take over cases they wish to distort in some way (eg. because they don't like the plaintiff or defendant, they have a strict opinion on the subject matter, ...). Unfortunately, the rules used in some places here allow(ed) the plaintiff to skew things in their favor (if they want a certain judge to handle the case). If assignment depends on the date of filing, they wait for the right day. If it's semi-random (but guessable to some very high degree based on prior day's assignments), they check the records to find the right timing... These lobbying groups consists mostly of lawyers - if there's a loop hole, they'll find it. It's possible that BREIN found a legal way to skew assignments in their favor, too.