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Re: tinkershaw post# 62240

Friday, 05/02/2008 11:35:04 PM

Friday, May 02, 2008 11:35:04 PM

Post# of 257262
>>it seems to me more that this appeal is more in the nature of a delaying tactic than an appeal that they determine has a reasonable chance of succeeding.

The delay can be hugely profitable to Aventis. With sales running about $2.6B annually and the potential that FDA would act if the decision was not futile it would be an easy decision to spend attorneys fees to delay the result.

>>it seems to me more that this appeal is more in the nature of a delaying tactic than an appeal that they determine has a reasonable chance of succeeding.

She was amazing. She had difficulty climbing the stairs to the bench but her mind was very sharp. In fact, it was stunning how she seemed to know the case better any of the counsel present. She must have been spending most of her time off the bench preparing for the next day. You should read her decision. I have been in front of many judges and she was in the top rank.

I wonder how many people realize what these Senior status Federal Judges do for our country - effectively working for no pay.

>>Sounds like you are confident that the trial judge had no issues in misinterpreting the facts, dismissing the facts, ingoring evidence

If she did - it went over my head. She gave every break to Aventis - she was not about to give them any thing to hang their error-hat on.

ij

There are times when rules and precedents cannot be broken; others when they cannot be adhered to with safety. (Thomas Joplin)

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