|
Stock is holding because the settlement amount was lower than expected.
Rumblings around here is that the state might appeal because of the small settlement amount.
The following is one attorney's thoughts from an Oklahoma message board.
have not read the order or the law cited. However, I suspect that the state will seriously consider appealing the amount if they believe they could have gotten more. There are three options on appeal. First, it can be affirmed. Then the state gets the money (unless there are questions of federal law or U.S. Constitutional law and P&G does a Writ of Certiorari to the U.S. Supreme Court on just those issues). Second, the state could lose altogether and in that case they get nothing. Third, it could be remanded for a new trial if there was reversible error. In any scenario, the state would have nothing to lose by appealing the judgment amount. If they win on the original judgment, then they've either lost nothing or it is remanded for a reconsideration of damages. If they lose on the original judgment, they lose only what they would have lost anyway. If it is remanded for a new trial, they will have lost nothing because there will be a new trial. Seems like a slam dunk decision to me.
|