TCPAWorld After Dark: Visalus Argument Goes About as We’ll AS AEXPECTED

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:

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.”


Wrong answer.

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.


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