Amarin Corp Plc (AMRN)

[Bouf]

Clearly erroneous means there is not enough evidence tending to establish a fact that a reasonable fact finder could conclude it is true. So in an intersection car crash case, if all the witnesses say the light was red, but the court finds the light was green, the finding is clearly erroneous. However, if there are some witnesses who say the light was red, and some say the light was green, and the finder of fact (judge or jury) decides the witnesses saying green are more credible and believable, a finding that the light was green is not clearly erroneous, even if the appellate judges think the other set of witnesses are more believable. It is the sole province of the trier of fact to weigh conflicting evidence and choose which competing version of facts is true.