Costly litigation, conducted in open court, would rarely be worth it and would open the door to duress at the end of relationships.
This protracted litigation, conducted at enormous cost, now comes to an abrupt end on an issue directly presented to this Court nearly eight years ago but not decided.
Because the court "insists upon litigation conducted by state officials whose preference is to lose the case," Kennedy continued, the majority's decision "means that a single district court can make a decision with far-reaching effects that cannot be reviewed".
"The disconnect between Wells Fargo's publicly advertised face and its actual litigation conduct here could not be more extreme," the judge wrote.
On Tuesday, noting that the prosecutors had asserted both at trial and in state court appeals that the state had given the defense all the evidence to which it was legally entitled, Justice Ginsburg called it "appropriate for Banks to assume that his prosecutors would not stoop to improper litigation conduct to advance prospects for gaining a conviction".
"Warner's litigation conduct over the past 60 days demonstrates a strategic choice by his counsel to pursue an endless media campaign against capital punishment in Oklahoma instead of exhausting available legal remedies in the proper court," wrote Seth Branham, an assistant attorney general.
That is not, on the evidence of two new books about the Microsoft antitrust trial, how litigation is conducted at the big law firms today.
But something much deeper and broader was going on in the decision, something that may unsettle how civil litigation is conducted in the United States.
Thomas D. Barr, a formidable lawyer whose tenacity and discipline helped transform the way major corporate litigation is conducted, died Thursday in Santa Barbara, Calif.
This study analysed the primary data on Thai IP-related law, regulation, firms' R&D and innovation surveys, patent registration, court litigation, and conducted interviews for case studies of firms, policy makers, and university professors specialised in the automotive industry.
