***CALLING member badfords****Are you there
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From: In a van down by the river
Best of luck BrewDude!
Winning case#'s for the judges review are EXACTLY what you need. I would shoot for at least 3 but 1 is better than none.
If you have an attorney, or don't (then research this). But I would consider making a movement for Summary Judgement based on the previous case precedence (past vibe cases lost by Ford).
Seeing as I went through quite a bit of corporate law in my last two years of college, I'm interested in following this quite closely.
Best of luck,
Duke
Winning case#'s for the judges review are EXACTLY what you need. I would shoot for at least 3 but 1 is better than none.
If you have an attorney, or don't (then research this). But I would consider making a movement for Summary Judgement based on the previous case precedence (past vibe cases lost by Ford).
Seeing as I went through quite a bit of corporate law in my last two years of college, I'm interested in following this quite closely.
Best of luck,
Duke
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Joined: Apr 2005
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From: In a van down by the river
Feeling generous, so I gave you the exact definition...
Summary judgment is a legal term which means that a court has made a determination (a judgment) without a full trial.
In Common Law legal systems, issues of law, that is to say, what the law actually is in a particular case are decided by the judge, except when jury nullification of the law acts to contravene or complement the instructions or orders of the judge, or other officers of the court. A factfinder has to decide what the facts are and apply the law. In traditional Common Law the factfinder was a jury, but in many jurisdictions the judge now acts as the factfinder as well. It is the factfinder who decides "what really happened," and it is the judge who applies the law to the facts as determined by the factfinder, whether directly or by giving instructions to the jury. Absent an award of summary judgment (or some other type of pretrial dismissal), a lawsuit will ordinarily proceed to trial, which is an opportunity for each party to present evidence in an attempt to persuade the factfinder that such party is saying "what really happened," and that, under the judge's view of applicable law, such party should prevail. For a case to get to trial, the parties have to take various steps (often known as 'directions'), including disclosing your documents to your opponent discovery, showing the other side your evidence, often in the form of witness statements and other steps.
Complying with such directions, and going through the trial process is lengthy, can be difficult, and if one employs lawyers, can be costly.
A party moving (applying) for summary judgment is attempting to eliminate its risk of losing at trial, and possibly avoid having to go through the directions by demonstrating to the judge, by sworn statements and documentary evidence, that there are no material issues of fact remaining to be tried. If there's nothing for the jury to decide, then, asks the moving party rhetorically, why have a trial? In its motion (request) for summary judgment, the moving party will also attempt to persuade the court that the undisputed material facts require judgment to be entered in favor of the moving party. In many jurisdictions, a party moving for summary judgment takes the risk that, although the judge may agree there are no material issues of fact remaining for trial, the judge may also find that it is the non-moving party who is entitled to judgment as a matter of law.
**Courtesy of Wikipedia
In Common Law legal systems, issues of law, that is to say, what the law actually is in a particular case are decided by the judge, except when jury nullification of the law acts to contravene or complement the instructions or orders of the judge, or other officers of the court. A factfinder has to decide what the facts are and apply the law. In traditional Common Law the factfinder was a jury, but in many jurisdictions the judge now acts as the factfinder as well. It is the factfinder who decides "what really happened," and it is the judge who applies the law to the facts as determined by the factfinder, whether directly or by giving instructions to the jury. Absent an award of summary judgment (or some other type of pretrial dismissal), a lawsuit will ordinarily proceed to trial, which is an opportunity for each party to present evidence in an attempt to persuade the factfinder that such party is saying "what really happened," and that, under the judge's view of applicable law, such party should prevail. For a case to get to trial, the parties have to take various steps (often known as 'directions'), including disclosing your documents to your opponent discovery, showing the other side your evidence, often in the form of witness statements and other steps.
Complying with such directions, and going through the trial process is lengthy, can be difficult, and if one employs lawyers, can be costly.
A party moving (applying) for summary judgment is attempting to eliminate its risk of losing at trial, and possibly avoid having to go through the directions by demonstrating to the judge, by sworn statements and documentary evidence, that there are no material issues of fact remaining to be tried. If there's nothing for the jury to decide, then, asks the moving party rhetorically, why have a trial? In its motion (request) for summary judgment, the moving party will also attempt to persuade the court that the undisputed material facts require judgment to be entered in favor of the moving party. In many jurisdictions, a party moving for summary judgment takes the risk that, although the judge may agree there are no material issues of fact remaining for trial, the judge may also find that it is the non-moving party who is entitled to judgment as a matter of law.
**Courtesy of Wikipedia
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Joined: Aug 2003
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From: in a van down by the river
I think hes sleeping yet. He was up pretty late last night getting an outline down and making a list of all the problems and fixes they have tried.
Either that or he is actually working for once and hasnt had a chance to post much.
Either that or he is actually working for once and hasnt had a chance to post much.
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From: South Jersey
HAHA..nah, i'm here, not working..I mean yeh I'm real busy at work today...
Thanks for all the help and info guys.
At this point I have 3 winning case #'s, plus a ton of other supporting documentation..That includes news releases of the first ever mobile NVH Dynamometer employed to the Ford factory to determine the cause of the vib's. As well as the release, that Ford hired a company to develop Frame, yoke and shaft dampners for this truck. Plus evry other piece of paper I could find.
Well, time to get out of here..I need to go home and take a nap
Thanks again..I'll keep you all informed
BREW
Thanks for all the help and info guys.
At this point I have 3 winning case #'s, plus a ton of other supporting documentation..That includes news releases of the first ever mobile NVH Dynamometer employed to the Ford factory to determine the cause of the vib's. As well as the release, that Ford hired a company to develop Frame, yoke and shaft dampners for this truck. Plus evry other piece of paper I could find.
Well, time to get out of here..I need to go home and take a nap
Thanks again..I'll keep you all informed
BREW
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From: South Jersey
Originally Posted by Guigster
Well???
All in all, I feel I presented my case very well. I was organized, had tons of documentation and all my repair orders. I was able to answer all his questions and had the right answers to rebut(SP,,and is that the word?) Fords reasons as to why I had the vibration.
So, I feel I did well. However, the arbitrator doesnt lean one way or the other nor doeas he give any indication as to which way he will rule. I will know within 2 weeks time. I'm just glad its all over...I can sleep now
All you guys will be the first to know when I get the decision.
BREW