Smoking Everywhere V. FDA Daily Docket Sheet Update--APPEAL's COURT ISSUES STAY

[Mister]

We know now that Judge Leon did in fact come to a decision, but just has not released it.

Now I'm wondering, do we know that? We were told that the decision is "on the Judge's desk." This may be farfetched but Sun, is it possible that Judge Leon thought it worthwhile to direct his clerks to write the decision both ways? In which case it may well have been on his desk for some time but he may not yet have decided.

Maybe I've just been watching too much TV.

[Sun Vaporer]

Now I'm wondering, do we know that? We were told that the decision is "on the Judge's desk." This may be farfetched but Sun, is it possible that Judge Leon thought it worthwhile to direct his clerks to write the decision both ways? In which case it may well have been on his desk for some time but he may not yet have decided.

Maybe I've just been watching too much TV.

Mister--in a follow up post Legal One clarified that he called the Clerk's office and was told that a decsion had been written, but Judge Leon was not ready to have it published. So it is sitting there and done---there has to be a logical reason Judge Leon does not want to docket it---and it is not because of proof reading.

Sun

[Mister]

Mister--in a follow up post Legal One clarified that he called the Clerk's office and was told that a decsion had been written, but Judge Leon was not ready to have it published. So it is sitting there and done---there has to be a logical reason Judge Leon does not want to docket it---and it is not because of proof reading.

Sun

I remember some mention of contacting the Clerk's office but now am unable to find it with a few search tries.

Nonetheless, being told that a decision has been written would not to my mind preclude the possibility of more than one decision having been written. Does that seem possible to you?

As well as the possibilty that Judge Leon requested two decisions to be written by his clerk(s?) I wonder about another possibility to explain the delay: Do you think it possible that Judge Leon upon reviewing his decision as written by his clerk(s) might find himself reconsidering that decision?

[ladysolitary85]

Maybe he's decided to take up vaping and see the pro and cons of it.

[Thulium]

Sun, is it possible that the parties have been negotiating with Judge Leon on a settlement so he is not docketing his ruling hoping that the case will simply be dismissed?

[Kresh]

Thulium,
That is a very interesting thought. If he is ready to throw the case out, lets say unless party A or party B produce something, or as a judicial "threat" if one party or the other doesn't provide something he requires?

[catwoman19]

Again, nothing my Friends. Judge Leon is in no rush to get what he already decided out and docketed. Yes that is good for stockpliing purposes now, but remember that SE asked for immediate relief for want of going bankrupt.


Obvioulsy, by the time Judge Leon is allowing to expire, he does not think to much of SE IMO.


Sun

Maybe because of all the scamming they are doing, yes, I too got scammed and so far have lost $117.00 to these thieves.

[Vaporer]

As I posted over a month ago, this seems to be an odd puzzle. Pieces that just dont fit.
ASH UK accepts the ecig, ASH US backs off, Judge rules and wont put it out, SE says they are going under and Leon does nothing, FDA releases shipments....on and on.
If I read all this right, Judge Leon is to rule what the PV actually is and what limits the FDA has to deal with it.

Knowing he's written a judgement and it just lays there, unsigned for whatever reason, looks bad on the judicial system. IMHO Nothing going on after his ruling is written should effect his decision.
This is not the understanding I had of how the judicial system is supposed to work.
I would have expected to be in the Appeals process by now, but what do I know?

I'm glad it gave people time to stock up.

[JerryRM]

Here's the latest from his website, he's on the attack again ! E-cigs cause heart attacks ???

NJ Poised to Ban E-Cigarettes in Public // Second State to Protect Bystanders From Heart Attacks

[LoneRanger]

Sun,Maybe Pre-market Approvals(PMA/510K).505(b)2. Fast Track Applications are in the works? Reason for delay in ruling?