Thursday, July 02, 2015 3:59:01 PM
With each successive lawsuit (first NCE, then 1st Amendment) more information about the decision making at FDA is exposed to the public.
Legal team must be hoping for a statement about SPA debacle to pounce on later, if needed. JW may have already provided this, in her statement.
Also, judge's ruling may include additional leverage in future actions / negotiations, etc. As I recall, AMRN not only won the NCE judgment, but it included judicial opinion that the FDA was not conducting its affairs correctly. This could also be the case in the 1st Amendment trial...judge could issue a warning to FDA about its conduct.
He might even go further than that. If he smells something really bad, he may suggest some additional scrutiny of the FDA. It's like a trial for one matter, during which another, potentially more serious matter gets exposed. And this all falls under the "small ball" legal game plan.
But for now, it's all about 1st Amendment issues, and I expect the judge to stick very, very closely to those issues, due to the underlying magnitude of his decision.
Last comment is simply a shout out to the fine contributions by HDG, JL, BB and Zu...hoping to eventually book a visit to Las Vegas to meet all!
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