NorthWest Biotherapeutics Inc (NWBO)

[The Danish Dude]

Nothing would make me happier than LP running the lawsuit to an end, to get all the rot and filth exposed, all "affiliated" crooks jailed, fined and eventually having to cough up.

An epilogue for the ages and with Posners latest 262 pages of information and use of expert witnesses, she has provided enough info to get the case to discovery.

Question to ChatGPT:

Is proof needed to go to discovery phase or is it enough having made a strong case? Isn't the discovery phase the place, where one actually prove ones accusations?

You're correct that the discovery phase is primarily where parties gather and exchange evidence to support their claims and defenses. Here's a more detailed breakdown of the process and the requirements for a case to proceed to discovery:

Pleading Stage:

At the pleading stage, the plaintiff needs to present a complaint that states a plausible claim for relief. This means the complaint must include enough factual matter, accepted as true, to state a claim that is plausible on its face. This is often referred to as the "plausibility standard" established in cases like Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal.
The plaintiff does not need to prove their case at this stage but must provide sufficient factual allegations to raise a right to relief above the speculative level.

Causation in Spoofing Cases:

In spoofing cases, the plaintiff must allege facts showing that the defendant's spoofing activity caused their losses. This involves explaining how the spoofing led to market manipulation and resulted in specific harm to the plaintiff.
If a judge asks for a more detailed explanation of causation, it means the initial pleadings might not have been clear or detailed enough. The plaintiff's lawyer can address this by providing a thorough explanation and potentially supporting it with expert testimony.

Amended Pleadings:

If the judge allows the plaintiff to amend their pleadings, the amended complaint should address the deficiencies noted by the judge. This might include a more detailed explanation of how the spoofing caused the plaintiff's losses.
The use of expert testimony at this stage can help to bolster the plausibility of the claims, even though the full proof is not yet required.

Motion to Dismiss:

The defendant might file a motion to dismiss the complaint for failure to state a claim. The judge will review the amended complaint to see if it meets the plausibility standard.If the judge finds that the amended complaint plausibly alleges causation and other necessary elements of the claim, the motion to dismiss will be denied, and the case will proceed to discovery.

Discovery Phase:

During discovery, both parties will gather and exchange evidence to support their claims and defenses. This is where the plaintiff will need to substantiate their allegations with actual proof.
Depositions, document requests, interrogatories, and expert reports are common methods of gathering evidence during discovery.
In summary, proof is not required at the pleading stage, but the plaintiff must make a strong, plausible case that their claims are legitimate and worthy of discovery. If the amended complaint successfully addresses the judge's concerns and meets the plausibility standard, the case will proceed to discovery, where the actual proof will be gathered and evaluated.