No gonad Whyte has let her run her racket on RMBS. IMHO, if these two filth werent judges, their only other qualifications would be so sell lightbulbs. East Coast skirts are great at selling lightbulbs along with west coast applesauce slurpers
While this board is mostly peopled with Cartel shills, it is important not to misrepresent the facts about the Micron decision at the CAFC.
One needs to keep in mind from the getgo that Robinson is regarded as a disgrace to the judiciary by many at the bar. Fully 40% of her decisions have been reversed by the Court of Appeals, a truly astonishing figure that far surpasses that of all other District judges in this country.
The Appellate court seems quite aware of her reputation for shoddiness, and the Micron reversal made clear that she had totally failed to develop a reliable factual record to justify the extreme sanctions of not only dismissal, but patent unenforceability.
That is perhaps because Micron did not help by presenting any evidence of why the spoliation was actually harmful, but instead speculated and again yesterday, continued to speculate and substitute conjecture and automatic conclusory nonsense for actual probative facts.
Robinson also was reversed because the CAFC made clear that her result of extreme sanctions is not the favored approach and did not at all meet the necessary difficult standards that must be applied.
From reports now, it sounds like she is at it again, has learned nothing, and doubtless will be reversed yet again.
<< If the district court again concludes on remand that there was bad faith and prejudice, the record evidence may indeed justify a dispositive sanction, but the serious-ness of such a sanction warrants an analysis of all of the factors discussed above. >>
To paraphrase "the factors discussed above" from the opinion, the punishment should fit the crime, and HJR will need to weight the degree of prejudice suffered by the defendant Micron, and be sure that the ruling is justified by the evidence.
Like I said before, all of that isn't as important as the ruling of bad faith and prejudice, which will set a precedent for unclean hands defense and collateral estoppel... buh bye.