US Stem Cell Inc (USRM)

[Dragon Lady]

That could be true. Optimism is fine. But I'm not sure partnerships matter unless there is a favorable court ruling for USRM. We are at the mercy of judges who have no training in microbiology or medicine. With that said, I don't believe it takes a scientist to see through the FDA's argument.

Exactly true - most of these judges really should not be hearing biology or medical issues, let alone aviation accidents or severe engineering failure issues (bridge collapse) etc - as one might as well be talking to a tree stump.

It's been proposed and advocated for years (probably decades) to have civilian "panel courts" or similar - retired folks who have time and experience in particular fields who are often very willing to sit on "professional juries" where at least they'd know what the hell the "jargon" is in some very complex legal matter.

I'd be lying if I said I'm not a tad "worried" as one never knows how these things end up - I see the following key issues "in play" here now:

1) My "guess" is the 11th Circuit will "remand" the case back to the district court and state, "Move to summary judgement was not warranted" blah blah blah. BUT, where does that land USRM? Right back in front of dumb brick Ungaro (she's a piece of work - sexual scandals in the past, she's 70 now and likely knows a "stem cell" as much as a "cell" phone) - so we'd be looking at a likely "bench trial" in front of HER. Crimeny !

AND - it's never "for sure" in the legal bullshit world. We watched and heard the oral arguments and my money says, "Boxing match went to USRM". BUT, every damn day this kind of crap happens where the 11th circuit could come back with a "All is cool, Ungaro is good, we can't find any issues here, case closed". It happens all the damn time - judges often protect other judges and I know nothing of where Ungaro "stands" with this particular appellate panel. It's a tight fraternity though- and actual "justice" is not always the end result, we've all seen that a 1,000 times in real life - just watch the damn news !

2) USRM "might" be able to petition for a different judge IF it's remanded back to dumb brick Ungaro - I'm not totally versed in the federal system as to how likely that is and if it's a slam dunk simply because the defendant makes the request via the proper filing(s). But getting this away from Ungaro would seem a key IMO.

3) Meanwhile- I'm "miffed" a bit as to how long CEO Tomas has let the SEC filings lapse. In March, their yr 2020 10-K will be due. That's 2 years missing 10-K annual filings at that point- and that could be real trouble. Thus, IS Tomas playing a game of chicken combined with beat the clock here - "hoping" the 11th circuit ruling hits just-in-time and then IF it's a "win" as in at least a remand, he SEC files? I can't wrap my brain around his line of thinking - and he sure as hell ain't telling us? So gotta admit- that bothers me for sure. SEC Delinquent = never a good thing.

4) This most recent PR = a "one sided" PR as I call them. It mentions U.S. Stem Cell in it, but it didn't even get the damn web link correct (no www in it, so the link is dead in the PR) and the PR is rife with bad typos, like grade school level typos. I'm not sure what to make of it "yet" ?

5) Tomas has never yet explained what the hell "the deal" was that was made with Sean Berman, the son of Dr Mark Berman of the CA clinic mirror image case, in which it appears as if CEO Tomas literally "Gave away" for free- the USRM stem cell banking business to Sean Berman? Gives me a bit of WTF are we missing here and why has Tomas never filled in the blanks?

6) After the pass-off of the stem banking biz to Sean Berman - CEO Tomas lets USRM "go dark" and just stops SEC filing as stated above. WTF again - why is Tomas leaving shareholders in the dark right now for as long as he has?

SO - those are "concerns" and as you've pointed out the 11th Circuit has 90 days and it's not uncommon to need close to that amount of time.

THIS CASE = a SEA CHANGE TO THE MEDICAL WORLD and FDA REGULATION = the 3 judge panel is NOT going to slam this written decision out willy-nilly as they are making historic case law here. It's going to be a lengthy and well thought out and thorough brief and IMO will be written by either Sr Judge Ginsburg or likely Marcus IMO.

That's where I "see it" right now. IF a "remand" happens - it's still pretty huge for USRM, BUT it still going to take time for a damn bench trial or the district judge to "reverse" or whatever the hell happens.

Personally, I DO NOT expect the 11th circuit to "toss the case" - those are rare at the appellate level. They REMAND BACK and give the district judge a pretty good slap in writing as to, "Here's what we see you did wrong and here's our guidance as to what we think needs to be done at a minimum to get these folks their legal rights protected under juris prudence" blah blah = a bench trial is "my guess", exactly as the CA case is doing.

"A MATTER OF TRIALABLE FACT" exists = the key wording I expect to see.

Meanwhile- WHERE IS USRM and WHERE IS CEO TOMAS and WHAT THE HELL IS THE BIG 30,000 FT LEVEL PLAN ?????

Is it just wait for the 11th circuit and then fold up and vanish if it doesn't go their way? It's a pisser to me the way it's being handled - actually not handled.

USRM also has a few Broward county lawsuits still active- just more civil bullshit matters, but it takes their time, it eats their officer and director liability insurance policies and probably requires them to pick up a few bucks of legal costs, etc.

We REALLY need some major transparency here - deeper than, "We'll wait and see what the 11th circuit says and meanwhile we're not SEC filing and we're on a PR but we didn't write it and we really haven't updated much, if literally anything else in a year plus now" = GOTTA toss us a bone or two here, ya know ??

That's my "view" of concerns - again, I'd be lying if I said I'm "miffed" on several of them and how they're handling or lack of handling them ????