Replies to post #184887 on Avid Bioservices Inc (CDMO)

[patientlywaiting]

as i said earlier "HERE COM THE JUDGE"!

[BCS Paladin]

The decision should be taken as a

major victory for PPHM.

Now the question is will the E&O Carrier for CSM

try to dodge exposure with denying coverage for uncapped exposures.

[pphmtoolong]

I hope this ruling in the CSM case will prompt a settlement. Obviously CSM does not have the insurance or the assets to pay Peregrine what it lost. However, now that CSM knows that they might have to pay their last dime in court, maybe we can get as much money as possible from them and get the whole sorry mess behind us.

GLTA, Paul

[Protector]

This is a verdict as it should be. Hats of for the Judge.

If there was NO FRAUD then it is normal that limitations apply as contracted. It is very common that companies include in contracts that they cannot be held liable for more then they received (plus eventually a fixed amount extra or insurance limit). And so if there was NO intend or ACTIVE negligence then that limitation should hold.

The good thing is that if active negligence is proven (and PPHM actually already showed that they could and will produce the prove by mentioning in detail were the "she" has been lying and/or giving false acknowledgements), it will be no problem to avoid these limitation.

As some posters on here clearly wrote, lawyers (in this case those of PPHM) will refrain from making precise accusation if they cannot produce the prove. We saw that even the class action lawyers, while throwing there ambulance-chaser-grade mud around always new exactly what they could write and what not.

So a serous law office will certainly not venture in the unsupported accusations in a real trial listing.

This verdict is a MAJOR step forward because the thesis of fraud has been acknowledged as a possibility by the Court. PPHM will have to bring up the prove which is surely already available to their lawyers.