James Murphy, eight can very eloquently speak on his own behalf, so I only reply to you on behalf of myself. As to me, your comments are devoid of merit to the point of being defamatory.
Amarin's appeal is venued in the Federal Circuit based in Washington, D.C., while my Judicial Misconduct Complaint is venued in the Ninth Judicial Circuit in San Francisco. Amarin is not even a party to my proceeding, which I filed on my own behalf as a member of the public as is my right. I am not defending Amarin as you falsely contend. The proceeding I filed has nothing to do with the pending Appeal.
Under no circumstances will I be contacting the Federal Circuit judges in connection with the Judicial Misconduct proceeding. It was not referenced in the Briefs (rightfully so), and will not be referenced either in the oral argument or the decision (rightfully so). Thus to the extent you accuse me of "turning the judges against Amarin", you are making a false statement.
While it is true that the Ninth Judicial Circuit forwarded the Judicial Misconduct Complaint to Judge Du in accordance with their procedures, that contact was via the Ninth Judicial Circuit, not through me. To the extent you accuse or belittle me "as a selfish investor" for contacting any of the judges, your statement is false, as no direct contact has ever been made.
Indeed, the Rules governing the type of proceeding I filed, specifically state that they have zero jurisdiction to undo a lower court proceeding. Other than referencing the Nevada proceedings by way of background, the Judicial Misconduct Complaint seeks no relief mirroring that requested either by Amarin in the lower court, or Amarin on Appeal. As I have previously stated on numerous occasions, the quest for such relief is strictly within the purview of Singer and the Federal Circuit.
Rather, the Judicial Misconduct Complaint focuses on an extrajudicial remark made outside of the courtroom. It does not even accuse Judge Du of misconduct, but argues that the remark, in violation of Canon 3A(6), creates reasonable questions as to the perception of Judge Du's impartiality. The substance has nothing to do with the Appeal, and does not infringe on Singer's turf in the least.
As a matter of fact, prior to filing, I ran the filing by Singer, but received no response. He was given the opportunity to voice an objection, but did not do so. Through Elisabeth, I was told that Kennedy would prefer that I not file the Complaint, but for a variety of reasons, I rejected his preference, and do not regret it for a second.
Now there are three possible results of this Appeal: (1) affirm the lower court; (2) reverse the lower court and enter judgment closing the case; or (3) reverse the lower court, but remand for further proceedings. If the case is remanded, my filing could have an impact if the Ninth Judicial Circuit directs the recusal of Judge Du.
If part of your motivation in writing what you wrote, is the concern on a remand, that Judge Du would have ruled in Amarin's favor but for marjac's Judicial Misconduct Complaint, you are delusional. First, Amarin had nothing to do with my filing. Second, based upon 26 1/2 years of complex litigation experience, Judge Du is gonna do whatever she is gonna do on a remand, with the very likely possibility that if the Federal Circuit leaves here enough wiggle room, she will find a way like she did initially, to arrive at her desired result to the detriment of Amarin.
Amarin should not want her anywhere near this case. The Judicial Misconduct Complaint has a real shot at gaining her recusal from further proceedings in this case. Even if it does not succeed, Amarin is no worse off.
Lastly, there is nothing more detestable than smugness and snide arrogance. Your snarky remarks in this post, "Stick to your day jobs", and in your follow-up, "Jesus Hamoa, get back in here and sort these guys out", are arrogant, disrespectful, and repugnant.
If you value your honor and credibility, you will retract your defamatory statements to the extent they are directed at me, and issue an apology. All will be forgiven, and we will chalk this up to a misunderstanding. If instead, you unwisely double down and refuse to do so, then your lack of honor and credibility will be self-explanatory. Choose wisely, Murph.
