Replies to post #110485 on NorthWest Biotherapeutics Inc (NWBO)

[Sparky277]

Thank you

[pgsd]

Excellent work Senti many thanks:-

[CherryTree1]

Very helpful and informative. Thanks Senti

[Tadasana]

Senti, thanks a bunch, you are awesome! So glad you are on top of it.

[CaptainObvious]

Good job senti. You've got spunk.

I hate spunk.

Lol, J/k

[biosectinvestor]

Interesting and much thanks Sentiment Stocks! After having read the complaint, my original view was that this would go nowhere and much the same as your view, that these plaintiff's lawyers just keep suing and suing, based upon false, broad allegations, until they get a settlement that satisfies them, despite not having a basis to win.

I presume, and I don't know, that the judge was talking FRCP 1-11, which involves sworn filings before a court, and sanctions against lawyers who bring fraudulent claims or violate court rules of procedure in flagrant ways.

If you heard it right, and if I'm correct, then that also could bode very poorly for plaintiff's attorneys, especially if they did not even bother to turn up. On the other hand, it may just have to do with the settlement process. I can't claim to be that knowledgeable on this, but still, interesting detail there and about the other case.

https://www.law.cornell.edu/rules/frcp/rule_11

On the other hand, given the judge's concern about this case going on and on, beyond what she seemed otherwise comfortable with, it may have simply been a caution to the attorneys that she will accept no monkey business, and that they need to be straight as to the causes of the delay, or she could sanction them. Re-reading your comment, that seems more likely. Just a cautionary, reference, so that they know she does not want any false reasons for delays or stringing the court along.

[Doc logic]

sentiment_stocks,

Thank you for your ongoing vigilance and sharing here. Glad to have your input. Blessings to you.

[Diamondjim61]

Damn nice Senti.

Thought about doing the same thing, but don't have the follow through you have. lol

I was actually on the conference call with the lawyers yesterday. I simply accessed the call using the Pacer Monitor posted dial in number, access code and password.

It was a pretty quick call, and yes, I had to identify myself which I did. The other lawyers allowed me to remain on the call - after the judge asked if any of them objected to my presence - which they made clear they did not.

I know the lawyers for Linda and NWBO and for Cognate were present, as they identified themselves, but I don’t recall any lawyers for Yonemura identifying themselves. However, there were at least 11 people on the call, and only 5 or so said their names. So either I missed them, or they chose not to speak up. I was the only shareholder on the call.

The judge made the comment that she doesn’t usually let cases just stay on a continuous basis and she wanted some guidelines as to when the parties would arrive at their settlement. She made mention of a Rule 1-11 and asked if the lawyers were familiar with it. N. Porritt for LP said that they were but felt that because this was not a straight settlement and instead involved derivative claims, that rule didn’t apply (whatever on earth that means).

Apparently, settling the Yonemura case is dependent upon settling the Terrice Tharp and Clarence Henkel case in the Chancery Court in Delaware. I believe the settlement for one should be the same for the other, after which the judge will dismiss both cases.

http://www.andrewsspringer.com/files/NWBO%20Complaint.pdf

The attorneys indicated that they were two weeks (or so) away from settling the other case, upon which it would take about 60 to 90 days for the attorneys to issue a joint status report to the Yonemura judge, and to give her time to dismiss this case as well. I hope I’m stating this correctly because I’m certainly not a law clerk or a lawyer.

The judge was pretty at ease with everyone. She was somewhat laughing as she indicated that unless something really big happened to prevent that, it was clear she thought she would be dismissing the case within a 120 days. And the other lawyers laughed and indicated they didn’t think anything big would prevent a settlement at this time.

The types of lawyers that sue small companies like NWBO have made a booming industry out of lawsuits like these. If there is no case, they will continue these cases as long as they can, tying up the time of the defendants for the purpose of settling for at least their fees.

So rather than continue to play that game, most companies, including NWBO, have insurance policies that will cover the legal fees of the plaintiffs in order to send them on their way and be rid of them. That’s what the insurance is for. So I would anticipate that the settlement for both cases will be to cover the legal fees for the plaintiffs, and nothing more.

[H2R]

Senti Strikes Again :)

Thanks for the extra mile!

It would be interesting to know the names/titles of the 11 attendees; This may say a bit more about who is behind the scenes or if it's just a nurse being convinced by ambulance chasers she could make money.

Kind regards

[eagle8]

As always sentiment.

Thank you !

[flipper44]

Thanks Senti. Some unusual timing whereupon two weeks leads to 90 days. Interesting.

[HappyLibrarian]

That was a good report, thanks!