Re: More Leyser-Gold drama
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No: the reasonable likelihood of success on the merits can and usually does involve weighing facts. It isn't like summary judgment, where the Court has to asssume one side's evidence is right. In this setting, it's a substantial indication that the trial judge believes Leyser and not Gold. Given that this same judge is the ultimate trier of fact, that's a really bad development for Gold.
The judge is saying exactly that he thinks Leyser is going to win.
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Quite so, but at this point we only have a limited subset of the facts. It is at least possible that Gold has some evidence that is not yet on the record that will change the judge's mind. There is still almost a month of discovery ahead of us.
The wildcard, in my opinion, is Bodog. If they are willing to state unambiguously that they gave Gold the seat without regard to any celebs, it would be extremely damaging to Leyser's case. However, one suspects that if Gold had the ability to secure such testimony from Bodog there would have been an affidavit to that effect already filed.
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