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cheynew

11/29/16 9:31 AM

#279764 RE: north40000 #279763

You have to wonder how they could be so remiss in structuring the pleading. It seems like such an obvious claim.
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Dragon Lady

11/29/16 10:07 AM

#279766 RE: north40000 #279763

Quote LOL, "Bad pleading by attorneys in original complaint, as I recall. Hence, constructive fraud, rather than actual fraud which requires evidence of intent, and a different level for damages resulted. "

A "BAD" pleading? WHAT??????? I don't "recall" any "BAD" plea ?? WHEN?? WHERE? What proof that this supposedly happened??

TWO SIDES to EVERY "plea" deal, and ALL PARTIES AGREE TO IT. SO how EXACTLY does one supposedly get a "BAD" plea, LOL??????

IF, IF, IF for a micro-second, ole PPHM and their highly paid expert legal team, IF, IF, IF they believed for a micro-second this fantasy "sabotage" supposedly occurred (which could/would likely even move the case from civil court, to a potential criminal matter, WHICH IT DID NOT OF COURSE) then WHY, WHY, WHY did these highly paid attorney's AND PPHM Sr Mgt AND "the court" allow this supposed "bad plea" to occur, LOL???

MAKES NO SENSE TO ME?

There's no such thing as a "BAD" plea, when using highly paid, expert law firms, as is the case with PPHM who had dump trucks of cash money to toss around. The law firm, the attorneys knew what they had to work with- and they TOLD/RECOMMENDED to PPHM to "take the plea deal" and walk away. SIMPLE AS THAT to me.

There was no "bad plea", just as there was NEVER a shred of "sabotage" ever proven, else they'd of gone back for another court case seems to me, charging sabotage, an entirely new charge, which would warrant a new case being opened and blah, blah, blah, blah DID NOT HAPPEN.

PPHM made their deal, their "plea"- CASE CLOSED, end of bad story. Bavi then goes on to FAIL THE PHASE III SUNRISE/sunset TRIAL, in spectacular fashion, so ALL ELSE IS MOOT ANYWAY, doesn't amount to a hill of bad beans, zippo, naughta, nothing....done, over....KAPUT....next.....

PPHM THEN, THEN, THEN goes on to re-write and re-pitch their entire "game plan" and grand "new" biz plan scheme thingy to say essentially, "WE ARE NO LONGER GONNA BE A LARGE, MAJOR CLINICAL TRIALS COMPANY, BUT ARE NOW LARGELY A CONTRACT MANUFACTURER, WHO WILL RUN "some" SMALL "clinical trials" here and there once in a while, largely done by OTHER PEOPLE or OTHER "collaborators"" and blah, blah, blah again, END OF STORY.

WHY would PPHM freaking re-pitch their entire biz plan IF the "sabotage" fantasy and "bad plea" a blah, blah were even remotely true? PPHM just tossed the "goo" against the wall again, to see if ANYTHING WILL STICK, in make-over, redo, mulligan, 30 year "lets try it again Sam", CORPORATE MAKEOVER NUMBER WE'VE LOST COUNT. This company changes grand "plans" more than most people change their socks, LOL !!

There's no freaking "sabotage", else why would the company "try" and reinvent themselves AGAIN, ANOTHER MAJOR corp direction change, AFTER the Bavi-MAGIC PHASE III FAILURE? WHY? Until that is answered....ALL else is MOOT and means nothing...nothing....nothing....

It's now the AVID, AVID and AVID "SHOW" w/ a little BAVI-MAGIC tossed in on the side salad, for DANGLING THE CARROT purposes, the way I see it....and that is the end of the latest bad PPHM saga story.

Oh, and REVERSE SPLIT NUMERO THREE in the on-deck circle or bull pen, about to be called up and executed...thee next "major event" on the Corp calendar, that's all I see here......
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Protector

11/29/16 11:03 AM

#279782 RE: north40000 #279763

north, that would be explained by what Keenan once said. For 'intend' you need to prove what the woman was thinking. The way it was presented now allowed the sabotage to be masked as a human error.

The keeping of separate administration, hiding behind the blinding process and saying you think that you would harm the blinding if you would have done this or that or not have done this or that all makes it look like the poor woman didn't have a clue of what she was doing. hence breach of contract within the limits of the contract boundaries (settled at 600K$) but no provable sabotage.

If PPHM needs to include FRAUD then they will be expected to come up with something that PROVES INTEND and adding that without being in the possession of such prove was very probably a ticket for loosing. Constructed fraud on the other end and CSM not playing open cards can be proven by JB's and her bosses testimony. SOMEONE at CSM (JB) KNEW and didn't tell and kept the customer in the dark. That is constructed fraud.