US Stem Cell Inc (USRM)

[Dragon Lady]

I agree. It would be a mistake to take the FDA lightly. The significance of the FDA's "authority" - as you stated - brings to mind that their authority is reliant upon having jurisdiction. It is my expectation that the judges will see that in this instance the FDA overreached itself as evidenced by their refusal to accept a double standard of their creation. As a result, the FDA's authority to determine what constitutes manipulated tissue is based on nothing more than self-serving ambiguity.

Agree with everything as it's accurate IMO - BUT I'd toss a caveat IMO that, "it won't be overturned at the appellate" as in "tossed out". That's usually not what appellate courts do.

I'm "guessing" it will get "remanded back" to the district court and then face at a minimum an "issue of trialable fact" = a bench trial at a minimum.

Just picture/visualize right where the CA case is now - and I "think" that's where USRM will be in 30 days or so IMO.

Now, the BIG PROBLEM ENCHILADA hanging out there the way I see it - is HOW BROKE IS USRM as of right now (they're seriously SEC delinquent in their filings) so no one knows how dire their situation is, but it was bleak as of their last filed 10-Q, now 1 yr old approx.

Soooo, how long will it take to work through a bench trial or similar and how will USRM pay the on-going seemingly never ending attorney/law firm fees, etc ?

The FDA's big stick they have and use - is the attrition game, and it's a sad, sad fact about where we are as a nation IMO. The FEDS can drag these things out soooo long that it can BK or choke off even larger players many times.

A "remand" = a win effectively to some degree for USRM and will be a VERY big news maker for sure, but the game and set and match ain't over at that point, again, is my "guess".

It's going to land back with dreaded Ungaro - and who knows from there?

I was REALLY hoping the CA court would have ruled by now and given the FDA the beat-down loss they deserve and at that point the FDA might have just "folded" and walked away from this entire BS sham they're trying to pull.

Now - I'm not so sure the FDA just doesn't play "beat the clock" and see how long they can drag out both cases while using their essentially unlimited budgets and fact their attorneys (DOJ) get paid whether they sit and watch porn all day, or are actually litigating something important or not.

CEO Tomas has seemingly dropped off the radar and is more silent now than a church mouse - more silent than anytime in the "company" history that I can remember? And I do not understand why?

WHAT IS THEIR PLAN - as in "other" ways they can keep USRM functioning and get PINK CURRENT etc?

Is it all just "wait on SVF" and "if it doesn't go our way" then toss in the towel ? Giving away the stem banking biz to Sean Berman didn't exactly give off warm fuzzies either?

I want to believe they can pull a rabbit out of the hat here somehow - but man, it's going to be thee magic rabbit of magic rabbits at this point, if they don't get off the dime and have a plan here, like yesterday IMO.

I'm watching carefully - and very interested as to how it plays out - but am in the "caution zone" and would be lying if I said differently.