The Justice Department told a federal appeals court Friday that Microsoft violated federal rules of procedure by asking that court to stay antitrust penalties against in before the trial judge ruled on the same request.
In the latest of a daily volley of court filings from the company and the government over legal minutiae, the government said Microsoft violated Rule 8 of the Federal Rules of Appellate Procedure by not waiting for U.S. District Judge Thomas Penfield Jackson is considering the same motion from the company to stay his order splitting Microsoft into two companies and imposing restrictions on its business conduct as of Sept.5.
The government also told the U.S. Circuit Court of Appeals for the District of Columbia that the company is wrong about how the cases brought against it by the Justice Department and by 19 state governments should be handled in the future.
The company had argued that the cases, which were consolidated in the district court, must be separated at the appellate level if Jackson approves the government’s request to send the company’s appeal directly to the Supreme Court. The government said Friday that the high court would have jurisdiction under the federal Expediting Act to consider both parts of the consolidated case if Jackson fast-tracks it, as expected.
Earlier this week, Microsoft asked the circuit court for a stay after Jackson deferred decision on a stay. On Thursday, Microsoft filed a brief in the circuit court arguing that it was not required to wait for Jackson’s ruling.
The Justice Department has requested that Jackson send the case directly to the Supreme Court, bypassing the circuit court, which has reversed Jackson’s decisions regarding Microsoft in the past. That past record is why Microsoft is maneuvering to get the case into the circuit court.
The Justice Department argues that taking the case directly to the Supreme Court is in the best interests of the national economy.
Jackson, who found that Microsoft had violated federal antitrust law, has yet to rule on the fast-track request. The circuit court has not ruled on Microsoft’s request for a stay.
要自己翻译的哦~不要拿翻译器翻译出来的,语法都有问题的。。。