More Leyser-Gold drama

[steel108]

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Does anyone have a PDF of exactly what the judge said?

I suspect that people may be overblowing what the judge said about Leyser being likely to win.

On of the legal elements necessary for upholding an injunction is a "a reasonable likelihood of success on the merits." The judge was probably just saying that Leyser has presented enough evidence to meet that element, which is differnt than the judge saying that s/he thinks Leyser is going to win.

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QFT

[John Kilduff]

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Do you really think it matters what a low level judge thinks? Like I said before, if all the facts are out, Gold should win. Even if the current judge rules against him, the appeals process will favor Gold. There is no consideration and no reliance. My K prof would turn over in his grave. Gold made a gift and he can retract it at any time.

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If you actually believe that Gold was going to give Leyser 6 million dollars purely as a gift, well then I've got some investment-quality swamp land for sale and you can have it super-cheap. Get real, jeeeeez.....

[DesertCat]

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Do you really think it matters what a low level judge thinks? Like I said before, if all the facts are out, Gold should win. Even if the current judge rules against him, the appeals process will favor Gold. There is no consideration and no reliance. My K prof would turn over in his grave. Gold made a gift and he can retract it at any time.

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Jaime offered a "gift", so the celebrities Leyser recruited for him were a "gift" as well? Hmm, what an interesting redefinition of consideration, one I don't think any appeals court will buy into.

[MrFizzbin]

Clearly the only people who will win in this case are Gold's lawyers who are not working on a contingent (CHA CHING). My guess is that at some point the lawyers bills + whatever Lyser possibly gets will result in Jamie squealing like a pig and settling. Jamie possibly getting less than 4 Million maybe even 2-3 by the time this washes out.

Just like the Movie a civil action says, "The first one that comes to his senses looses."

[Howard Treesong]

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Do you really think it matters what a low level judge thinks?

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Actually, yes. Quite a bit. A federal district judge's findings of fact get substantial deference on any appeal. Errors of law are a different story, but a ruling from the trial judge saying that he believes Gold made a promise to Leyser in exchange for Leyser's promise to obtain celebrities is very, very hard to reverse.

Given that this judge is the trier of fact, I'd say the odds are about four to one in Leyser's favor.

[Howard Treesong]

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The judge was probably just saying that Leyser has presented enough evidence to meet that element, which is differnt than the judge saying that s/he thinks Leyser is going to win.

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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.

[maurile]

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Do you really think it matters what a low level judge thinks?

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Of course it matters what the finder of fact thinks. Of course.

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Like I said before, if all the facts are out, Gold should win.

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What facts are you talking about?

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Even if the current judge rules against him, the appeals process will favor Gold.

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No way. The legal issues involved are fairly simple. The case is going to come down to which witnesses are believable. Whoever wins at trial will be the overwhelming favorite on appeal -- which means it is unlikely there will be any appeal.

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There is no consideration and no reliance.

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Well, that's Gold's position, but the evidence we are privy to so far does not favor it. It seems that Leyser got the celebs for Gold because Gold asked him to, and Gold promised him something in return. The "something" they seem to have settled on was half of whatever Gold won in the main event.

[steel108]

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Do you really think it matters what a low level judge thinks? Like I said before, if all the facts are out, Gold should win. Even if the current judge rules against him, the appeals process will favor Gold. There is no consideration and no reliance. My K prof would turn over in his grave. Gold made a gift and he can retract it at any time.

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If you actually believe that Gold was going to give Leyser 6 million dollars purely as a gift, well then I've got some investment-quality swamp land for sale and you can have it super-cheap. Get real, jeeeeez.....

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We can both say that and it's probably true that it was not intended as a gift, but prove it. That's the big hurdle. What did Leyser give as consideration. He failed to get real celebrities and could only manage a few "b" list celebs. Gold wanted "A" list celebrities to wear Bodog logo. I don't think that will meet the burden. If there is no consideration, then it was a gift.

The judges ruling is just for the injunction. It has nothing to do with the actual case. Unless there is absolutely not a shread of evidence to support Leyser's claim then judge will usually rule in plaintiff's favor bc any ruling would be with prejudice.

We could stay on this forum all day and debate back and forth and measure our e-penis but I'm sure we both have other things to do (I hope).

[steel108]

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Do you really think it matters what a low level judge thinks?

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Actually, yes. Quite a bit. A federal district judge's findings of fact get substantial deference on any appeal. Errors of law are a different story, but a ruling from the trial judge saying that he believes Gold made a promise to Leyser in exchange for Leyser's promise to obtain celebrities is very, very hard to reverse.

Given that this judge is the trier of fact, I'd say the odds are about four to one in Leyser's favor.

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Are u asking for a prop bet? I'll lay 3k with your odds that Leyser doesn't win 6 million. We can have an elder poster hold the money in escrow.

[shaniac]

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Are u asking for a prop bet? I'll lay 3k with your odds that Leyser doesn't win 6 million.

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As a casual observer, I tend to agree. I'm sure Gold promissed him half, but I also wouldn't be surprised if Leyser got greedy and then paranoid at different points along the way. I guess it's all moot, but Leyser should have realized the deal Gold was offering a bad deal for himself and a great one for Leyser.

Basically, I think Leyser accepted a highly advantageous freroll, knowing that it was probably too good to be true but assuming nothing special would result from it, either. Then, he saw a deal that was indeed "too good to be true" becoming a reality, got panicked by the possibility of not getting paid (or having proof that there was an agreement), became neurotic and then started pestering Gold. Gold decided to screw him, or at least make him fight for it in court, and I'm not sure I totally blame him for trying.

It's for all these reasons that you shouldn't accept ridiculously good deals from strangers or from people whom you don't trust implicitly to pay out their trades without having to be reminded. Leyser obviosuly should have gotten something in writing, or at least put some limitations on the deal, both to make it more concrete and to make it easier to collect in the best-case scenario.