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Old 01-11-2013, 05:18 AM   #1 (permalink)
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Can you buy someone's right to appeal a case?

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May Plaintiff Cut off a Poor Defendant’s Appeal, by Having the Sheriff Sell off Defendant’s Right to Appeal?
Eugene Volokh • January 11, 2013 3:12 am

That is the question I’m facing with the latest twist in Obsidian Finance Group, LLC v. Cox, a pro bono First Amendment case that I’m litigating before the Ninth Circuit. For more on the substantive First Amendment issue, see the materials collected here. But this twist is all about procedure (as so many legal questions are).

Here’s the matter in a nutshell, and somewhat oversimplified:

Quote:
Obsidian Finance and Kevin Padrick sue Crystal Cox. They win at trial, and get a large judgment.

Cox appeals on First Amendment grounds (I’m representing her on appeal). Cox has very little money, so she can’t put up a so-called “supersedeas bond” (a bond for the full amount of the judgment) that is required to keep plaintiffs from seizing her assets to execute the judgment. But that doesn’t block her appeal, since under federal law one generally doesn’t need to put up a bond in the amount of the judgment to appeal — one only needs the bond to stop execution on the judgment pending appeal.

But plaintiffs have a different view: They go to Oregon court, register the judgment, get a writ of execution, and ask the sheriff to seize and sell to the highest bidder Obsidian’s “intangible personal property,” in the form of ... Cox’s right to appeal.
That’s right: Plaintiff’s plan is to have the sheriff sell off Cox’s right to appeal, so that “Cox will be incapable of continuing the suit and the highest bidder at the foreclosure sale (whether that be plaintiffs or someone else) will take an assignment of Cox’s interest in the appeal, becoming the real party in interest.” Presumably the plan is that the highest bidder would be the plaintiffs, who will buy Cox’s rights for a modest amount, and then use those rights to drop the appeal. No more appeal; the judgment is final; end of story...
http://www.volokh.com/2013/01/11/may...ght-to-appeal/

Good Lord the answer had better ending up being NO
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Old 01-11-2013, 06:14 AM   #2 (permalink)
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Re: Can you buy someone's right to appeal a case?

What is that I hear outside my window? Is that the rights of the poor flying south for the winter?
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Old 01-11-2013, 11:02 AM   #3 (permalink)
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Re: Can you buy someone's right to appeal a case?

doesn't that kinda step all over due process? Can't you counter-sue for harassment or something?

malicious suit etc
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