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Saturday, October 10, 2020 3:39:20 AM
Whom can bring such an action ? Amarin of course .. but a body of shareholders if needs be independent of Amarin ? Can you do it farting for such a group and funded by them ? Are we certain Amarin will bring such an action ?... I do not perceive any immediate time limit would apply to such an action ??
However going back to the immediate issue ... it still seems to me that the Mori flaw has to find its way into the current litigation ....in this sense that whilst Mori flaw may be rejected (because the court can not (so it seems)take this into account on a procedural basis(new evidence) (am I correct) the court will despite this be more influenced by its knowledge of it - even though rejecting it
Are they more likely to reject en banc. Knowing - although not admitting in procedure -that another fatal flaw exists in this case upon which du unwittingly relied -which played huge part in reaching the wrong decision???
Is this not similar to the concept that judges are (sadly )influenced by other persuasions eg their politics)
All sorts of things influence their judgement
A fair judge would I feel reach the conclusion They are going to make good the wrong - They would consider there are several wrongs here - they can legally take into account the K wrong and Having knowledge of another wrong - Mori -be damned sure to rely upon it
We need be certain the FC judges are aware of Mori flaw -even though they on the face of it can not take it into account
So I say find another way to get it to be required to be considered as whether it is or is not admissible evidence - even though they then say they can not on the face of it consider it because inadmissible - it is then nonetheless-within their knowledge and actually impossible to ignore !!!!
How often is it that the question a lawyer asks -even though objection is raised and sustained -is THE most important question that goes on to play in the mind of a court ??
Ask the question .... !!!!!
I do it all the time !!!
Alm
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