] U.S. lawyers know that what judges do is to pick winners ] and losers, then help the winners win and help the losers ] lose. The goal is finality in a dispute. That means ] helping the winner create a record that has the best ] chance of being sustained on appeal. Even more ] importantly, however, Judge Kimball has decided that this ] case is going to get what judges call "active case ] management." That means that the judge is dropping the ] default mode of just letting the lawyers develop the ] record while the judge plays referee. The judge is going ] to actively manage development of the record. Remember SCO? It sounds like the judge is finally pissed off now... |