Comments on: VSDA v. Schwarzenegger Likely To Go All The Way Up http://www.gameslaw.net/2008/10/29/schwarz4/ In-depth legal analysis and news for video games and virtual worlds Tue, 31 Aug 2010 18:59:59 -0600 http://wordpress.org/?v=2.8.4 hourly 1 By: Dan http://www.gameslaw.net/2008/10/29/schwarz4/comment-page-1/#comment-213 Dan Thu, 30 Oct 2008 13:02:23 +0000 http://www.gameslaw.net/?p=341#comment-213 More substantively, Circuit judges are human, and the 9th Circuit are well known for being on the "liberal" side of things. Out of any circuit court, I'd think they're the least likely to be reversing the decision below, and assuming the uphold the decision, I'm not sure SCOTUS would grant cert. Seems to me that if the 9th Circuit finds the decision of the lower court in VSDA to be correct, there is no circuit split, stare decisis is upheld, and the Court has no reason to grant cert. On the other hand, if the 9th Circuit flips out and reverses, there's always the chance that SCOTUS will simply reverse them per curiam, especially in the face of Brandenburg being directly on point here. More substantively, Circuit judges are human, and the 9th Circuit are well known for being on the “liberal” side of things. Out of any circuit court, I’d think they’re the least likely to be reversing the decision below, and assuming the uphold the decision, I’m not sure SCOTUS would grant cert. Seems to me that if the 9th Circuit finds the decision of the lower court in VSDA to be correct, there is no circuit split, stare decisis is upheld, and the Court has no reason to grant cert. On the other hand, if the 9th Circuit flips out and reverses, there’s always the chance that SCOTUS will simply reverse them per curiam, especially in the face of Brandenburg being directly on point here.

]]> By: Dan http://www.gameslaw.net/2008/10/29/schwarz4/comment-page-1/#comment-211 Dan Thu, 30 Oct 2008 12:57:41 +0000 http://www.gameslaw.net/?p=341#comment-211 Email Jenn Mercurio at the ECA. She might be the one to talk to if they're looking for a hand. Email Jenn Mercurio at the ECA. She might be the one to talk to if they’re looking for a hand.

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