JP Morgan Silver Manipulation Case Dismissal OVERRULED

The court of appeals overruled the lower court’s decision to dismiss the JP Morgan Silver Manipulation case. Basically the court of appeals said that the lower court judge erred in his decision to dismiss the JP Morgan silver manipulation case. In this video smaulgld explains the judgement to overrule the case and its significance. Basically the court of appeals said (in my analysis if the decision to overrule the JP Mprgan Manipulation Case) that the Judge Engelmeyer in a sense jumped the gun. Instead of just judging whether there was enough information to go forward with the case the judge wanted require a level of discovery and proof that would show probable guilt.

The upper court ruled that those decisions can’t be made by the Judge Engelmeyer at the level of pleadings on whether there is enough information to allow the case to go to court. This is the decision that will be made when the case goes to court and is litigated. During that litigation there might be further discovery.

This is significant because further discovery by the plaintiffs may find additional evidence against JP Morgan. Since this is a civil case treble damages can be assessed. So JP Morgan can be fined three times the amount of damages they inflicted on the plaintiffs

Go to JP Morgan Silver Manipulation Case Dismissal Overruled To listen full post and analysis.

Or you can go to JP Morgan Silver Rigging Dismissal Overruled to read an analysis at of the case. But as zerohedge says: “But for now it is fair to say “Based on information and evidence, we believe the Silver spread market was rigged your honor.” And the Appeals court indeed, agreed that there was enough evidence to look further into this. Next comes the discovery and fact finding.”

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  1. Just found your channel and Subbed & Thumbs Up!!! I have researching for GQQD silver gold channels and U hit my Criteria for Real News!!! God Bless!!!

  2. Enjoyed the analysis, although it brings back painful memories of legal incompetence. (I know you are an attorney.)

    I think this is the crux of the lower trial Court's abuse of summary judgment. (Dismissing the case). Summary judgment may only be awarded when there is no existence of material fact upon which relief may be based. It does not matter whether the material fact may prove or disprove the case, just the fact that material fact exists. In this Silver case, it sounds like the Plaintiffs made purchases of silver /contracts and lost X amount of money. Sounds pretty material to me.

    A trier of fact may not take the case from the plaintiff before he has had a chance to submit his evidence. It is not the Court's function to weigh the evidence, only to determine if evidence exists sufficient for trial. (I am a doctor, not an attorney), but sued my attorneys for failure to account for taxes on my divorce settlement, which was strongly recommended by my attorneys when I showed up for a scheduled trial. They were not ready, and lied/misrepresented my situation in order to suddenly get me to settle, knowing once I settled, their negligence would never see the light of day. Going back through the settlement it was easily determined after taxes were taken into account, the amount I settled easily and substantially exceeded the highest (threshold) amount I could have possibly paid my ex wife even had the Court decided all property valuation in her favor. My attorney's hadn't even retained an accountant, despite 13 months and $90,000 in fees in 1991 dollars! Dozens of hours were billed as "preparation for trial" and "review of file."

    My case was empirically compared to Mitchell v Transamerica (KY), and dismissed as based on "speculation." I appealed, but KY Court of Appeals reaffirmed the trial Court's opinion which had originally stated "having reviewed the case , the record, interrogatories and having made all reasonable inferences, this Court concludes these attorney's were negligent…" but then proceeded to throw the case out.

    From KY Supreme Court law on summary judgement., Steelvest vs Scansteel.
    Sorry for getting off topic.

  3. withoutexcuse2011

    I will throw a major party the day that Jamie Dimon, Lloyd Blankfein and other Fat Cats are hauled off to prison PLUS have the stolen loot confiscated. But I'll believe that when I see it.

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