agman said:ocm said:agman said:Contracts are unpriced all the time. That is nothing new or unique to maketing agreements or current basis contracts whether calves, stockers or fed cattle.
The Pickett case is different from the case you reference. ALL the judges were not wrong in the Pickett case. ALL of them have much more legal expertise than you, I or anyone on this forum. I will trust their UNAMIOUS decision.
I was intrigued by your comments regarding what your described as a brilliantly orchestrated Amicus Brief. I cautioned you at that time the it was no better written than the previous briefs by the same people. I was particularly interested in the commonality of authors.
If I learned one thing from this case it was the comparison of case law as cited by your side as opposed to the defense. In all due respect, your side appeared truly elementary relative to the depth of analysis and interpretation of case law cited by the defense. The contrast was revealing and striking. Perhaps you can learn from that as I did.
Pardon me, but your arrogance is showing again. The "difference" in cases doesn't have anything to do with the fact that you said you will trust the judges. If you trust the judges because they are experts then you trust the judges because they are experts, not because the case is different.
If YOU determine the case is different, then you are judging the judges, just like I am. Only you're pretending not to.
The Tyson side CONSISTENTLY confused precedents on 202(a) with their arguments on 202(e). They tried to make the precedents on 202(a) apply to 202(e). That is where the 11th was different than any other circuit. NO OTHER CIRCUIT ever applied the weighting principle to 202(e), only 202(a).
It is only a simple matter of understanding plain English--something judges frequently disregard. My particular background (not law) gives me sufficient background for analysis of the meanings of sentences, paragraphs, contexts, etc. I had seven years training in such matters as well as years of experience. This case was not determined on the plain language of the law. To accuse me of not understanding it is to say that I can't read the legalese dialect of English. I can, as well as other dialects.
You obviously missed the subtley of Tyson's sleight of hand in confusing sections 202(a) and (e). They were good at confusing the two. When you understand the distinction between the two sections you can better understand the apparent conflicts between the plaintiffs and the defendents briefs.
TYSON NEVER SIGNIFICANTLY ADDRESSED SECTION 202(E). Now, which section was this case brought to trial under?
Pardon me, but where did I say I did not trust the judges? I just said they are two different cases. Confusing the issue again are you? When you know as much about ALL the case law involved then I will pay attention to your venison. Until then it is your personal version versus the interpretation of ALL the judges who reviewed the case. I am to believe they are ALL ignorant of the law and you know it all. Give me a break.
Agman, the appellate decision was bounced off of the London case. I know it intimately. They also bounced off of a few other cases that the USDA OGC attorneys were talking over at the time. Do you know ANY of them? If you would like to cite specific examples, I would really be interested. If you read the cases, you will find out that the judges went out of their way to cite their own decisions instead of the law. It is kind of like the game of gossip. By the time it comes round again, the meaning is way different than when it started. Litteral interpretaion was totally lost as OCM said for the court's own made up gobbly goop.
I would like to see the "beer" you allude to. All I see right now is foam.