I’m on an airplane.
Law360 reported today that the Ninth Circuit Court of Appeals basically begged Visalus lawyers to explain why the approx. Billion dollar judgment against it should be reduced:
“I need you to tell me what the rationale will be.”
Read more at: https://www.law360.com/articles/1492391?copied=1
Yeah, that’s weird. Lawyers usually come prepared with explanations for why appellate courts should do the things they want done.
Then again there was this from one of the judges on the panel:
I think you’ve got a problem in challenging the constitutional theory because you have to be saying the $500 includes a punitive amount. Otherwise, you’re nowhere.”
That sounds cutting and unpleasant- and it probably was intended as such- but it also open the door for an incredibly important ruling5.
What if-just what if- the ninth holds that 500 per violation fails constituional scrutiny????
The door was opened to such a tcpaworld changing ruling. Did visalus’ counsel walk through it?
Not according to the law 360 recap:
“[w]e have to look at the aggregate harm, and what impact that had on this company. This company, privately held, it’s a death knell.”
The czar officially requests he be retained to argue all critical tcpaworld appeals from now on. Sorry not sorry.
When a door opens you have to walk through it.
Anyway i’m rooting for you visalus. A win here could literally change everything.