On August 12th, the appeals court brought to an end the long saga of the court battle pitting Spellbinders against QuicKutz and Lifestyle Crafts with an opinion that consisted of a single word – “AFFIRMED” – confirming the previous ruling that QuicKutz had won from the lower court.
Procedurally, there are two avenues of appeal open after losing a case in U.S. Appeals Court. One is to request the case be re-heard “en banc”, meaning before the entire three judge Appeals Court panel. To secure an en banc hearing, however, the party must be able to cite a point in the original appeals decision that they want to argue with the court. Since the Spellbinders decision was issued without an accompanying opinion, the company is effectively denied the option of an en banc appeal. [Read more...]