FOLO – The judge’s ruling this morning in the Jones, Funderburg litigation

The judge’s ruling this morning in the Jones, Funderburg litigation

The defendants (the attorney for Scruggs) argued that a bribery attempt “is not an invocation of the judicial process” that waives arbitration. The lawyer argued that the plaintiffs are “trying to go outside the civil process” with the waiver argument. ((cough) Who is it exactly who tried to go outside the civil process, here?). The judge asked whether there were any cases involving arbitration and perjury, threatening of witnesses, or bribery, and no one had a case. The judge then after a brief break ruled that a bribe attempt “would undermine the system of justice much more than other actions,” but that he did not want to rule from emotions. He then said that the attempt is not litigation tantamount to a waiver of arbitration. He thus sustained the motion to suppress the subpoenas, and it does not sound good for the Jone plaintiffs this afternoon on the defense motion to compel arbitration, although the judge is trying to be careful about ruling in a systematic way and may just be aware that he cannot do anything before ruling on the motion to stay.

FOLO
1/14/8