Anavex Life Sciences Corp (AVXL)

[apostrophe]

re: "If AVXL isn't granted a dismissal they will surely do a cost benefit analysis of the amount it would cost for litigation vs a lump sum settlement. "

It's pretty clear and I'm glad that Anavex is refusing to setttle out of court.

Otherwise, yes, it is often the case that a company being sued takes the easy way out and pays off the plaintiffs, to just make the whole thing go away. The assumption is that the defendant has made some misstep and settling is a way to get out of it without admitting guilt. It's what (for want of a better term) the "ambulance chasing" lawfirms are counting on. They don't even need to win a real case and still get their cut of the loot (typically one third, I believe).

What's bad is when the defendant is innocent but may not have the resources or the moxie for a protracted legal contest. Capitulating to such a shake-down bears a strong resemblance to extortion. But it looks like Anavex not going to stand for it. As it should be.

Anavex is going to clear its name. The plaintiff's claims, range from being clearly bogus to the patently ridiculous. Rather than be subject to the redundant, one can see them refuted item by item in the Motion For Dismissal (link below).

http://ia800400.us.archive.org/31/items/gov.uscourts.nysd.451756/gov.uscourts.nysd.451756.62.0.pdf (from KarinCA's website)

The plaintiff doesn't have a leg to stand on. They were given time to file an opposition. That they waited till the last minute, (actually they were a day late) indicates being reduced to delaying tactics.

The opposition contains just more of the same warmed-over specious BS. Seems like spacer filler just so they had some kind of text to submit even though it's empty of substance. They may as well have cut and pasted the sports section from last Sundays newspaper, for all the support it lends to their sorry excuse for a case. It looks like now the intent is going to be to delay the inevitable as long as possible. Anavex can wait them out. Then the gavel will fall.

I'm rooting for "Dismissal with "Prejudice".

Imo, the chances of sleazy extortionists getting anything out of this insult to the justice system that they have concocted are:

Slim and None.

And Slim just left town. :)