Courtroom chronicles

Sausages and law: these are the two things that are unpleasant to see being produced. Not so in the case of the New York Court of Appeal and the hearing between Ernesto Bertarelli’s Swiss and Larry Ellison’s Americans in upstate New York on 10 February.

Interest was so high in the 30-minute hearing that the court’s contracted server for the planned webcast crashed, as Marion Mahoney for the Americans, Barry Ostrager for the Swiss and David Rivkin for the Spanish CNEV club (whose eligibility as a bone fide challenger under the Deed of Gift went to the very heart of the 18-month legal battle) appeared before the six judges. This was the hearing. So where do we go from here? If there’s one thing the Swiss and Americans see eye to eye on it’s that a decision will be made within 30 to 50 days, and handed down on a Tuesday or a Thursday! Pencil late March or the first week of April into your diaries. 0900 Eastern Standard Time, if you are particularly keen.

Ellison’s side believe the court has an established record of handing down clear judgments that don’t leave loose ends. This would point to a low likelihood of the whole case being sent back to the trial court – where it could not be reheard easily since Justice Herman Cahn has now retired under the New York courts’ strict employment policy. Seemingly such justices don’t drop completely out of the frame; but only if both the Swiss and American sides agree – unlikely, given the initial Cahn ruling against SNG – would he preside over the case again.

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