LOL NO!, "Well. Everything starts over. A sympathetic judge could remove any restrictions while the case is heard. If they rule for usrm, everyone’s dream comes true. If they get a bad ruling, then nothing changes. Thomas once said that he will cultivate international business if the ultimately lose in the US. If he and Cornell’s weren’t taking such a huge salary for the value of this company, I would have never sold. "
Uh....NO ! Nothing "starts over" ? BS !
100% false misinformation. Nothing stated above is even remotely based in fact or reality, or how the law works.
There is no fantasy "sympathetic judge" involved on any federal appellate court 3 judge review panel, LOL ! What total BS !
The appellate court does not fantasy "remove any restrictions" or change anything until they make a final ruling and issue it to the lower court- at least 9 months from now, if not longer typically.
A Federal appeal does not mean anything "starts over". BS !
1) A Federal appellate court (the 11th circuit in this case) only looks at the prior court's decision, and only via a written brief, submitted by USRM's attorney. There is zero, no new case opened, no discovery allowed, no motions, no evidence or new information presented, nothing.
A written brief and "maybe" the appellate court (though the 11th circuit is known to not like oral briefs) - maybe at some point they allow a short oral brief by the appealing party attorney. As in minutes usually, maybe 1 hour at most. The appellate courts are booked solid- they take time mgt, and wasting of their time very seriously.
2) The appellate is a 3 judge panel, they read nothing but the brief presented by the defendant's attorney in this case, aka USRM, and make their decision on that information/argument only. Period. Again, they "might" allow that attorney a few minutes to stand before them and make an oral argument, but that is not guaranteed. The appellate (at the cost to USRM) they will normally be issued an entire transcript, which is extremely expensive to produce for near cash broke USRM, a transcript of the entire case from the lower court, judge Ungaro's court in this case.
The written brief and the transcripts are presented- and the 3 judges read that information in private, and make their decision.
3) An appellate appeal has absolutely nothing to do with the merits of the case, what the case was about, what the defendant's or plaintiff's argued or anything else. Nothing is being "retried" at the appellate challenge. The ONLY thing an appellate court will rule on, is if the lower court judge made any error of "law or justice" per the opinion of the 3 judge panel.
The reversal rate of the 11th circuit (all appeals courts really) is very, very low. USRM has very, very little, like almost no chance of anything changing here. They have to prove that judge Ungaro, an extremely long sitting, long standing judge with almost no cases ever getting reversed- the 3 judge panel has to be convinced by the USRM attorney written brief that Ungaro made some gross error of "the law". Nothing else is under consideration.
Meanwhile, nothing changes- the Permanent Injunction is in place and stays in-place, is upheld and USRM is going cash broke, slowly but surely. They face more massive, massive legal bills now as they continue to pay for this lawsuit, and likely new suits they will face over their stem cell banking business mess they self-created.
They face the very real potential of massive lawsuits now from the stem cell banking customers who they never told were involved in illegal activity with SVF, despite 2 rounds of FDA 483 warnings, and then a FDA Formal Warning Letter. USRM, IMO, is going to be sued in a round of new civil suits, a bunch of them more than likely, and very soon.
The 11th circuit appellate court often takes at least 9 months or more to render any opinion from the time they receive the brief and appeal.
The 11th circuit is also one of the top 3, if not thee, most over-turned appeals courts in the U.S., even worse than the CA 9th circuit, of legal laughing stock fame. The 11th circuit has a very high rate of getting it wrong, and being overturned by thee U.S. Supreme Court, the highest court in the land- look it up, these are well established facts.
Ungaro has a rock solid track record for knowing what the heck she's doing, and does not get overturned on appeal often, almost never.
USRM is paying massive legal fees for this appeal - while their sales collapse, their stem cell banking business is a mess, and their clinics are facing massive drop-off in sales per their own most recent SEC 10-Q.
More important (probably more important than anything that will cause the final demise of U.S. Stem Cell Inc IMO), is USRM owes a court-ordered approx $1,300,000 to Brenda Leonhardt on June 1, 2020, now only approx 9 short months from now. The court is standing behind that payment due- and will enforce it per the settlement Leonhardt won in the prior lawsuit she filed, in Broward County FL.
That payment alone- will allow Brenda Leonhardt to likely send USRM to BK, as USRM does not now (not even close), and no way in heck, will have the money to pay her.
Instead, they (CEO Tomas of course) they continue to shuffle nearly all cash off to Tomas and Comella as salaries and bonuses and pay massive legal fees and self-deal with/to family members, etc.
Tomas has made zero attempt to set-aside enough money (cash) to pay that court ordered/court backed debt, and it can BK them, in a heart beat, 9 short months from now. June 1, 2020 is BK D-Day for USRM IMO;
June 1, 2020 is thee day USRM can die a sudden death, the court stated in it's ruling, "And we will standby to enforce the agreed mediation settlement in these matters". USRM paid Qty-4 payments of $75K ea to Brenda Leonhardt, and now the full balance of approx $1.3 million cash is due and payable June 1st next yr, with no do-overs, no 2nd chances, nothing. Pay, or file BK. Court ordered.
Also, per the original false statements made in the original statements quoted above - there is no one associated with, or working for this failing company of a few people, no one by the name of Cornell or Thomas, LOL !
Lets just try and stick to the facts here IMO. Nothing is changing, there is no new court case or reversal of the Permanent Injunction and no new information will be presented to the appellate court.
qty-3 Judges, who must believe and be convinced that Judge Ungaro made a gross error of "law", that's all they rule on, and is the only reason they reverse the lower court's decision or send the case back to her, nothing else happens. PERIOD.
