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Saturday, February 19, 2022 8:52:30 AM
You could very well be right. My comment was based upon dealing in facts rather than speculation.
It is an indisputable fact that had Amarin, the actual party to the case, filed the Rule 60 motion as demanded, neither the Standing, nor the Rule 24 Intervention procedural hurdles would have been part of the case. The Rule 60 motion would have confronted on the actual merits, but then the question remains whether the courts would have applied facts and law, or ignored the facts and law.
Of course the merits should have been reached in our filing, because under 9th Circuit law, we have standing and we satisfied the elements of Rule 24. But we have dealt with hostile courts which refused to enforce the law, and flagrantly ignored applicable caselaw precedent. Truly a bizarre set of circumstances. Now we are left with the SCOTUS petition as the last longshot option for addressing the Rule 60 underlying merits.
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