Saturday, December 05, 2015 8:27:50 AM
But, as I understood it, the point that was made is that BP doesn't care. It is a slow down action or hindering but if you come with a case that isn't to obvious, although you know you are going to loose it, it might be hard to qualify it as lingering.
Look at the CA, PPHM won 3 times. Plaintiff got warned the second time by the judge that they must prove bring prove and not just claim. Plaintiff keeps coming back with LOW COST (I think Bungler called it text-book) defences (least effort approach of a legal office milking its client).
After the 3rd loss there are suddenly 300 pages in the appeal, that AGAIN contain nothing new of consequence BUT PPHM knows that a 'committee' (because we are talking appeal here, of judges doesn't just swallow 300 pages like that. And they must write a justification of the verdict. So that is going to take time and that is where such ambulance-grade law-firms expect that PPHM will pay to make it all go away instead of waiting for a verdict, even a verdict in favour of PPHM.
Only, PPHM didn't bite (good thing). IMO this is an abuse of legal procedures and the District Judge would have had to be harder on plaintiff when after his warning they came up for a 3rd time with nothing new. Then they might have thought twice before going into a pure lingering appeal. But we knew all that the moment we saw it was driven by Faruqi & Faruqi who according research that was posted here seem to have this reputation of client milking lawsuits with a weak defendant bonus pay-out if they are lucky. With PPHM they were not. AIMO.
Peregrine Pharmaceuticals the Microsoft of Biotechnology! All In My Opinion. I am not advising anything, nor accusing anyone.
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