Amarin Corp Plc (AMRN)

[Bouf]

ILT—there is an edge to the Du decision, such as the repeated citation to Toth’s testimony for her findings, etc. It is not uncommon for a Trial judge (or a jury) to react badly to one side or the other on a personal level, with this form of personal bias ending up reflected in the decision. Judges are human beings and don’t always keep their personal biases away from their decisions, despite the promise of impartiality. I would not be surprised if she got turned off by arrogance from the Covington people. The good news is that appeals courts exist to be a check on bad decisions infected by this kind of defect.

I have personally handled two appeals to a state Supreme Court in the last 5 years where the trial judge reacted badly to our client and hammered them both in decisions that could not stand up to scrutiny. Both were reversed. So this gives us some reason to expect that the CTA judges here will pick up on the subtle bias reflected in the decision and not be shy to reverse if they conclude Du was not acting impartially.