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zip-def lawyers are not "trembling" as you think...they are laughing all the way to the bank.
The reason they didn't fully brief 60--is not b/c they have 0 to say.
Rather, very clever--they are emphasizing to the court--there is no need to address the substance of r. 60--b/c amrn investors cannot past standing.... they are playing psychology on the j. and plaintiffs.
In the event they lose the standing argument--they will ask the court leave to fully brief the reply--and court will grant it.
Court might ask why they failed to fully brief r 60--and they will argue they "thought" first the court is deciding the standing issue.
Court will not rule against them and will allow def. to fully brief---but imo plaintiffs will lose the standing.
eie
rose-my mistake, I wrote judge, instead of clerk. Judges don't communicate ex parte to parties. No need to apologize.
eie
rose-i never said the j., rather the clerk probably notified them--which happened against me a few times, or they know the court's procedure on this type of bifurcated issue.
Do you think hickma's lawyers became stupid all of a sudden?
they are smart--they wiped the floor w/ amrn's crew...
no reputable firm would open themselves to billion $ malpractice FOR 0 GAIN.
btw--every lawyer has an answer to any issue presented--as there are usually cases to fudge for their argument...they don't just "skip" answering....
eie
north--why did you call me "tel aviv"? Firstly, i reside in jerusalem; second it is disparaging--don't you think?
Why don't you please answer the law arguments I presented to you--instead of insults??
eie
marj--hickma's attorneys wiped the floor w/ kennedy--you seriously believe they lost their minds and took a gamble on losing r 60?
they would never take such aa gamble for 0 benefit. They must have received assurances that the coa will first address the standing issue...
eie
north-no lawfirm would fail to fully brief reply. Def. know judge will grant them opportunity to fully brief rule 60 if necessary...
eie
marj--my point is defendants didn't fully brief the 60 motion (tactically) and j. will only rule on 24 as reslt.
Yes, you're marj--both 24 and 60 COULD have been heard at the same time--yet the judge did not require defendants to fully brief the 60 motion (would have told them--or I am sure they consulted him and he informed them to only brief 24 first---
which is NEGATIVE sign for amrn.
eie
zip--you're correct, defendants didn't fully brief the 60 motion (purposefully) and j. will only rule on 24.
and although marj--is also correct--both COULD have been heard at the same time--yet the judge did not require defendants to brief the 60 motion (would have told them--or I am sure they if consulted him and he informed them to only brief 24 first---
which is NEGATIVE sign for amrn.
eie
rose-i recommend start taking Advil for your future explosion. The court is only hearing the 24 motion--not r. 60 part which is the substance motion, signaling they will deny standing...
eie
bid-so nasty...ruining your soul...
bid-waiting for an apology, or it's beneath you?
eie
bid-waiting for an answer from you-do you refer to every h.f. by his surname? you are not an honest person, but enjoy to degrade people w/ lol
sad character....
eie
bid-do you refer to every h.f by last name? Or you speak so respectful b/c you think he's your b/o savior.
2 weeks ago how would you refer to him? be honest....
eie
marj--you know i respect your abilities, but to convince Alex to demand the brilliant ceo--to put his blood in the motion--you must show why it's so important.
I am sure you would rather not need to deal w/ rule 24 motion--so you could show the judges and world the corruption of defendants!
You don't need to worry about 24--especially amrn has a history of biased judges in the coa and s.c.--who would love to toss out the substance of your motion and move on --w/out deciding the real issues!
eie
capt-pl EMPHASIZE: W/O AMRN intervention little to no chance to pass standing requirement.
You did a gr8 job on the ltr in general--wish you would have sent us a draft--b/c the URGENCY of amrn intervention is a bit lost and at the end of the letter, instead of the opening.
If you have a response ltr back to Alex, please open by stressing the dire need for amrn to give marj STANDING!
thanks again
eie
well dusk-I did one better--I threatened jt -I will sue him and I might still one day...hiding behind kennedy won't protect him...
eie
now rafa--make a petition to be signed and sent to brilliant ceo--to join marj!
eie--not even close!
if every sh threatens ceo with class action=he'll join--that's the carrot
rule 60 w/ ceo support=90% sp over 25
no--it's a sign of support of millions of shares from all the board here!
ram-you're resting on inexperienced "brilliant" ceo--instead of a "real" solution--of winning rule 60--that you were fortunate enough to have marj file! TRY and get ceo to join....sp will be in 6's and a win over 20
eie
you owe marj! to call ceo until he relents....sp will be at $6
where are the activist posters...liz, lou, zip, raf--call Alex --that is the solution
sign a petition demanding ceo/alex join the motion.....
it boggles my mind--you spent $ for marj--but don't DEMAND the brilliant ceo to SAVE the sp with a simple rule 60 motion---all the work is done by marj
eie
WHERE are the board big shots? CALL YOUR CEO to join motion!!!!!!
eie
why not? rafa does a poll on all your false hopes of sp, let's do it!
I am flattered to be called a cry baby--to management incompetence.
Come on bid--answer why brilliant ceo not joining marj's motion which would save sp more than all his dribble...
eie
ram-so have the guts and say it---I foresee the future--you guys are resting on false hopes. I called it when rafa and the most of the board was in love w/ jt--
Why get a mediocre ceo??? ,makes NO sense. You want the best dr. so get the best ceo....geezzz. maybe a normal ceo would join marj's motion and we get back to the 20's
eie
bid-sp is 10% down since ceo took job--is he "wrong deal" yet? where are the stock buybacks? why doesn't he join marj motion--and stock will jump 50%?
no answers...disbelief....
eie
rose-don't confess on ihub, could be held against you in court :>)
eie
LM-all legal issues in appeal are reviewed de novo--as well as standing. No need for Barrus v. Sylvania.
Also' the issue whether shareholders have direct interest IS A MATTER OF LAW--that's why marj can argue it, it is not a factual issue, which ISN'T usually appealable, unless it is so grossly mistaken....
eie
jas-you weren't on board yet--I complained AFTER loss-he should partner or sell row--at least europe instead of his ego dream to do it it himself--at shareholders peril.
He vacillated--first yes (in a few moths) then no...
He then refused the 60 motion I implored hi to file.
don't change history-respect those who were here before you and were fighting the legal arguments and best business plan for us shareholder.
but go head support another vacillator--who has no experience as ceo and no legal knowledge--and yes this stock NEEDS a ceo w/ legal expertise....we have a last chance with infringement case--I don't trust him overseeing it...
I am sure you do with your experience in law.
eie
sst-"He gets involved when companies have been mismanaged"--why would he get involved since km is executing brilliantly--according to 80% of our board?
hmmm... i must be overlooking something....
jas-everyone loved jt-b/e you came to the board--when I argued for his removal, 99% posters defended his achievements...
you would've also have said same about jt when he started...
time will tell
eie
ns--he wasn't working for a co. as ceo--rather some position on his own.
eie
jas-pls' show me his brilliance? He is vacillating on partnership and using vague terms...all bobes and no meat
If he as "brilliant" he would have been (at his age) a ceo at an established pharm before armn found him in his house working...
eie
gg-"He has the appropriate experience and energy to right the ship."
what are you basing this strong support on? Many people have "energy" and "experience" and fail miserably.
AMRN needed to hire a top ceo from its 500m stock pile--instead of MEDIOCRE...which will deplete the stock pile over yrs...
eie
ccb-you're unmitigated support for km is unfounded and perplexing.
he didn't accomplish an iota yet. He isn't even a suave speaker--wo what is making you so smitten?
eie
ret--b/o was already in process w/ ousted ceo (and board you claim)--big diff, here ceo not engaging in b/o process.
It takes TIME to start the ball of b/o rolling...HIRE investment co., GS etc..to gauge interest, negotiate structure of deal, price, contingencies...
eie