Tuesday, February 15, 2022 10:19:02 AM
https://drive.google.com/drive/folders/1Oh8D6TjoGG6wUueqTxHiaxJw-lgWHHwd?usp=sharing
This specific case is over. Filing for en ban review has zero chance of success and filing for SCOTUS review faces the longest of odds, and would require funding. Knowing these odds, I cannot advise such a Petition.
The Rule 36 affirmance means that the Judgment is affirmed for the reasons set forth by the District Court. That means Standing and Rule 24 intervention, not the merits of the Rule 60. The Rule 36 decision means that the District Court's findings were not "clearly erroneous".
You can all thank Amarin's management and legal team for the merits not being reached. If they had filed the Rule 60 motion as was demanded, these issues would not have presented obstacles to the Rule 60 merits being heard.
This decision is not the product of some liberal conspiracy, as Judge Newman signed onto it. What this decision represents is the Court as an institution prioritizing finality of judgments over the truth. I stand by every word in our Briefs and the advocacy at the oral argument.
Our case absolutely has merit. But sometimes that does not matter. If the Court prioritizes other issues, such as finality of judgments and calendar control, then the underlying merits of a particular case, especially an unorthodox case such as ours will not supersede that those priorities. That's the honest reality.
It was a great honor to be the face of this effort, make so many new friends, and champion such a worthy cause. The only thing I regret is the result.
We tried every angle to achieve justice for 3/30/2020. With justice out of reach, the next efforts involve accountability.
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