Thursday, February 10, 2022 8:04:04 AM
----------- posted on 2/9/22
I agree that meaningful mediation does not look hopeful. There are two rulings I anticipate against NRXP that will cause movement; 1) an order maintaining personal jurisdiction over JJ and 2) an order granting access to all financial records, formulation records, clinical trials data and FDA applications submitted along with all FDA response communications to Relief through discovery. These rulings will put Relief’s lawyers in a position to shoot fish in a barrel for the remainder of litigation. JJ wants to be personally excluded from the lawsuit before the mediation on 2/22 to decide on his play for mediation by assessing his personal risk. If those financial records contains what I believe they do and the court denies the motion to dismiss then things will start to move. Mediation is a formality that most courts require you to atleast attempt before moving forward with litigation. Due to overloaded dockets and case loads especially due to post-Covid backlogs , courts use this tool to encourage settlement whenever possible to lighten case loads. The ruling from the hearing on 2/18 will be very important to start the dominoes to fall!
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