Legal Question in Intellectual Property in New York

I am suing somebody in Federal Court (SDNY) and Judge PReska granted Summary Judgement to the defeandants of the case , and I am appealing the case and if I (plaintiff) win the appeal for the case does it go back to Judge Preska or does this case get an entirely new Judge? I know we would be infront of three different judges during the appeals process but, I am talking about if after winning the appeal for the case and we continue on with the case to go trial - do we still have the same Federal judge (Judge Preska) - or is there a new Judge that would take over?

Cynthia Rodriguez


Asked on 10/17/09, 5:34 pm

1 Answer from Attorneys
Kristen Browde Browde Law, P.C.

It depends, and isn't entirely predictable. However, often decisions granting summary judgment decisions which are overturned on appeal result in the case being remanded to the same judge.

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Answered on 10/22/09, 5:44 pm


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