WEATHER53
Diamond Member
- Apr 13, 2017
- 29,313
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- Banned
- #621
Once againYes. It does. Judgment summaries don’t constitute the actual law. They sometimes purport to do so. In this case, however, like you do, it misstates the law.
Sorry. But the judge is bound by the law not his creative writing.
Doesn’t matter. I’ve read the judge’s partial summary judgment decision. And he is clearly wrong.
Maybe his biased law secretary should have whispered in the judge’s ear:
“No victim; no fraud.”
Rather than relying on that judge’s alleged “legal reasoning,” you would be better served by remembering that judges are also subject to getting their opinions and decisions overruled on appeal.
Fraud is not a what if nor what could have been.
It’s a what is where harm occurred to another. Not theoretical or possible harm but rather a true, identified harmed party.
Sorry that words don’t fit the Lib 101 wishes.