Foster, a lawyer with
virtually no experience in federal court who wasn't even admitted to
practice in the federal courts yet -- most of her experience was in
Chancery Court, in cases alleging breach of the corporate directors'
fiduciary duties to the shareholders, where all the corporation has to
prove is it had a business reason for doing what it did, and it wins.
She has never seemed to grasp the idea that in a RICO suit it doesn't
matter why you did it: If you did it, you're guilty. But it probably
didn't matter what she thought, because Hutton was always an extremely
sexist organization (and Shearson seems to be upholding that tradition),
and they would never pay much attention to anything a woman said anyhow
-- that was always my problem with Hutton: I couldn't get their
attention because they've never to this day taken me seriously.
5: Paragraph 19 There are no trials in appellate court: Both sides
submit written briefs, and the court may hold oral argument, but the
hearing is just for argument, no testimony or evidence. In this case
the court didn't ask for oral argument; we sent in our briefs, and in
September 1989 the court issued a published opinion reversing the
dismissal and saying I did so have standing to sue Hutton under RICO.
Given the appellate court's opinion on the law, all I had to do was
prove the facts I'd alleged in my complaint, and I had to win.
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