Ninth Circuit Denies Winklevoss v. Facebook Motion For Rehearing. Winklevosses Change Status To: "It's Complicated".
You will remember that the Winklevoss twins had
tried to get their settlement with Facebook overturned. The Ninth Circuit had decided that the settlement should stand and that litigation should end at some point. The Winklevosses did not take the hint and asked for a rehearing en banc (i.e. that all the judges of the Ninth Circuit hear it as a panel rather than the three judge panel that originally sat on the case). That motion was denied without comment. The only option left for the twins is to appeal to the U.S. Supreme Court. In order to decide to grant certiorari (i.e. the decision to put the case on the Supreme Court docket), the Supremes will have to believe there is some constitutional issue to be decided. That will not be easy in this case as the issues deal primarily with contract law and the allegations of fraud.
We had mentioned before that we hope the Ninth Circuit granted a rehearing for no other reason than it gave us fodder for further posts. We now wish the same for the Supreme Court.
