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Replies to post #65211 on Anavex Life Sciences Corp (AVXL)
For Cellceutix, shareholders have hope that management will not allow this perceived attempt of lawsuit-based extortion to end peacefully. Rather, many feel that Cellceutix should aggressively pursue sanctions against Rosen, seek the return of all legal costs associated with the case and pressure the SEC, FBI and U.S. Postal Service to continue a vigorous investigation to determine if any communication between The Rosen Law firm, Mako Research and the lead plaintiff, Gary Zagami had occurred prior to the publishing of an article by Mako Research on August 6, 2015.
If leveraged properly, the decision by the court has the potential to limit the way the legal system can be used to exploit small companies who fall victim to providing an unnecessary defense against frivolous lawsuits. Many acquiesce to the path of least resistance and settle a case instead of undertaking a litany of costly and time-consuming legal filings, which incentivize a settlement rather than a defense. In its decision, though, the court cited extensive case precedent that admonished the "weak" claims that were made by The Rosen Law Firm. Because the court was meticulous in lining out its written decision, these well-versed precedents can be argued by the next victims faced with apparent frivolous accusations and far reaching claims of intentional deception.
