CDHost
Critical Thinker
- Joined
- Jan 14, 2011
- Messages
- 270
First, I agree any court action in the USA is probably going to nowhere for the Kerchers - including any effort to enforce foreign judgements against US assets / cash flow.
My question was specifically about what could happen in Europe especially on the Continent since it is all civil law (Great Britain & Ireland excepted they are comon law states).
I read your response to be "I don't know Europens laws but I think..."
My opinion based on business experience not law is that the Kerchers will prevail in the end in Europe proper (not necessarily where common law is used). One possible avenue - get a court to allow the books to be impounded until the case is sorted out - AE or whoever will have their prospectives profits on the line and will negotiate to get the books back rather than risk losing not just their gross margin but the investment (publishing cost) in the books themselves. That is just one scenario - there are others.
How would the Kercher's prove AE's connection with Amanda Knox? There is no contractual agreement with her at all.
But OK assuming you are right. Take AE out of the picture. Print the books in Germany and give them to a German distributor to handle Italy. If they hand them off to Italian distributors do it in smallish quantities, so the shipments break before they hit Italy. Same problem?
Otherwise how do you explain all the funds expended by the Kerchers' to pay Maresca's fees?
I don't know the Kerchers so in Massei fashion I'm going to take a wild ass guess...
I think they believe Amanda and Raffaele killed their daughter and they want them to suffer. I think they are appalled with the idea that Amanda,Raffaele and Rudy are not going to be spending the rest of their life behind bars. I think they want to go after Amanda when she gets out and keep her in a lifetime of poverty. And I think they believe their silly judgement is going to accomplish that.
Like many Europeans who live in countries that have strong international ties, and don't have a traditional of isolationism that enjoys majority support they fail to understand US law or the way it is applied. Again, I don't know the Kerchers, but knowing Europeans, I do think they may really believe a US judge is going to identify more with an Italian judge than US politicians. Heck, you read the discussion on TJMK/PMF and there is total failure to understand the FOA are liberal pro-European Democrats. The people who don't agree with Senator Cantwell do so because they think she is a mamby liberal internationalist that wants to sell America out to effete Europhiles. Her opponent was quite literally going to be the senator from Liberty Mutual Group who was running to stop European healthcare from coming here. In other words they really would rather put in bullet in Amanda and are trying to do so by proxy without understanding Marasca is going to be ineffectual in ever collecting money.
The second reason is Marasca probably gives them a feeling of more control and that likely is a great comfort.