It is a rarity among the federal courts for an interlocutory appeal to be granted in an issue regarding early discovery, however, it appears that Comcast has been granted an appeal as to the constitutional issues regarding jurisdiction and joinder.
It should be noted that Comcast must have put up a substantial fight to get Judge Howell to grant an interlocutory appeal on these two issues, and attorneys from Comcast believe they will have some measure of success at the appellate level that they have been unable to achieve in the District court.
The order by Judge Beryl Howell is located in the link above.
Comcast lawyers will be arguing the points originally raised in my Motion to Quash and Motion to Dismiss forms that I posted nearly two years ago, but with decidedly more elaboration, I hope.
We may soon have a ruling from an appellate court regarding jurisdiction and joinder at the "John Doe" level of the bittorrent lawsuits.
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