NorthWest Biotherapeutics Inc (NWBO)

[pqr]

Flip - I don’t disagree with chat. But the damages calculations will not be the subject of motion practice. Instead, defendants likely will bring Rule 56 Summary Judgment motions to have any claim for punitive damages dismissed. The MTD at the beginning of the case tests whether the allegations in the Complaint are (if true - that is assumed at that stage) sufficient to state a recognized claim. The R56 comes after discovery and tests whether the facts developed in discovery are sufficient to support a potential recovery - of punitive damages in this case. If there are disputed material facts, the moving party has to concede the interpretation most favorable to the non-moving party. That’s how the rule works. If the plaintiff gets past the R56, the jury resolves those factual disputes. Best wishes