Amarin Corp Plc (AMRN)

[lettruthringout]

Who is more likely to admit mistake

Sydney Powell, who spread the big lie on TV encouraging knuckleheads to seek to stop Congress from carrying out a constitutional function OR the knucklehead who accepted these mistruths and was caught on video destroying property in Pelosi’s office. While I hope the former has huge civil liability in the defamation department, ultimately it is the guy wearing fur and horns who is most responsible for his own actions, and thus more likely to admit his mistake.

Not a perfect analogy for sure, but again who is more willing to admit their mistake. The expert witness who oops-a-daisily mischaracterized the statistical significance and conclusions to be drawn from some prior art OR the judge who destroyed Amarin’s property by accepting these mistruths and incorporating them into her judgment. In the Court’s mind, if mistake was made in a judgment, it is not so important to delegate blame but rather to ascertain how impactful it was and if there is an appropriate remedy.

The Rule 60 motion lays out mistake on the court’s part, but does focus much more on Hikma's actions. If Du needs further statistical tutoring, she’ll let you know, but that is unlikely given the motions and exhibits submitted. Daubert is important for this effort not for its gatekeeper function but because it stands for the highest court in the land taking a stand on scientific integrity in court trials, and by implication in its judgments. If the opportunity avails itself, focus should shift to pointing out the evidence of the Court’s mistake in the judgment itself. Remember, the remedy for innocent misrepresentation (vice negligent or deliberate misrepresentation) is still rescission. And any hopes for treble damages is a pipe dream. Go for a little less rice and don't fall for the old South Indian Monkey Trap.

We will have to agree to disagree

p.s. I don't think we actually disagree on that much. Not differences in the war to be waged but certainly in our true adversary's weakest spots.