Replies to post #110937 on NorthWest Biotherapeutics Inc (NWBO)

[Diamondjim61]

Excellent Senti!

Thank you very much!

And have a good weekend.

[CherryTree1]

WOW - great news for NWBO - vindication at least with this case.
Thanks for taking the time to read through the materials and summarize. I have no doubt it took a good amount of time. GREATLY APPRECIATED

[flipper44]

Thanks Senti! Please sticky!

[pgsd]

Wow, thanks Senti once again for your excellent work.

[chinatown1980]

This case was a joke from the onset. The Yonemura case on the other hand they obviously didn't feel they could win and therefore plan to settle.

I find the most intriguing legal event to be the current SEC inquiry. I believe by now there is much going on behind the scenes with different agencies that will take time to bear out. Hopefully there is also an opportunity to review the activities of those hired to promote the company through various mechanisms.

Anyway, good work!

[md1225]

WOW AWESOME!!!!!!! Coffer Black coming....

[abeta]

Thanks for your summary. It is excellent.

Two questions - for anyone.

Are the NWBO lawyers here - the SAME lawyers in the Y case?

Can someone post sent's link on Yahoo?

regards

[Sojourner55]

Great news Senti, many thanks. Another obstacle removed.

[biosectinvestor]

This is great Senti and thanks very much for your following this so closely!

I signed up for Pacer a long time ago, and I don't think I'm paying anything, this is what I see:

The document you requested is 32 pages and there is no charge for viewing opinions.

https://ecf.mdd.uscourts.gov/doc1/09318452132

Your links did not work for me, but searching the case file did, and then viewing the history and documents.

https://ecf.mdd.uscourts.gov/doc1/09318452132

Case File: 8:15-cv-02532-GJH

I was able to download the PDF for free. You just need to sign-up, I believe, for free, locate the case, and you can download it all.

By the way, the standard the court used prior to ruling against the plaintiff's, is the standad for all cases, they have to ASSUME all the facts the plaintiff plead are true, and then determine if they actually stated a legal case. Apparently, even at such a low standard, where they assume that everything they said was true, which is very probably not the case, they still could not state any legal claims. That's pretty awesome!

Here is the original complaint by the plaintiffs, just for informational purposes, now dismissed:

http://securities.stanford.edu/filings-documents/1056/NBI00_01/2015826_f02c_15CV02532.pdf

This appears to be the plaintiff:

https://www.researchgate.net/profile/Chad_Lerner

A lot of my friends who are studying or have studied medicine or science, work for hedge funds on the side. I have no idea if that is the case here. It's good money for those that do though.

It will be interesting to me, to see if references to Rule 11, in the other case, not this one, were just references to refiling complaints or amending complaints, or something more serious for plaintiff's counsel.

[Pablosrv]

Great!! Thanks a lot Senti!

[Poor Man -]

If we inferred scienter from every bullish statement by a pharmaceutical company that was trying to raise funds, we would choke off the lifeblood of innovation in medicine by fueling frivolous litigation — exactly what Congress sought to avoid by enacting the PSLRA.

It's worth repeating that Linda and Les never meant to knowingly mislead. I know for a fact that they and others at the company believe NWBO has a very effective treatment. But their enthusiasm left the company exposed to this kind of legal attack. This is likely the reason why NWBO pretty much shut down much of their PR and showed little effort to defend themselves against the efforts by The Street and others to attack the program.

At this point, NWBO does need to re-engage with the investment community and promote what's going with the company.

[barcode27]

Here's the full doc from PACER (copy and paste the link text, for some reason the link is messed up on here):


https://drive.google.com/open?id=0B89PfR-Tr-jCSXYxWFM3MFJxWDg

[Tadasana]

senti, thanks you're a treasure, "Judge Dismisses: Lerner case (Franklin Owen Greer and Neil Plaintiffs) vs. NWBO case "
Frank Greer, why would he be doing this type of dirty work? corruption at the very core, trying to prevent a cancer cure? wonder how many levels this reaches at the FDA, NIH, SEC... Hopefully the combo trials will put everyone on the same team...

[kabunushi]

Thanks a lot for this! Great share! I would just add to be clear because some may not have been following this terribly closely: imo from reading the complaint this suit was from the start real trash, just a mishmash of verbal diarrhea, not even a coherent set of concrete claims. That is my executive summary of what senti wrote the judge said. It's just a wonder it wasn't dismissed long ago.

The Yonemura suit is at least more coherent. That suit as I read it, really isn't against NWBO so much claims against LP and Cognate that Cognate got unfairly beneficial terms on certain transactions like stock for AP invoices. That suit will be settled but I don't think it goes against NWBO in any way. The settlement might even mean Cognate pays NWBO something.

I hate to sound grouchy but may I make the following request just to add even more value to communications in this group?

If you downloaded the document you are allowed to share it within pacermonitor's terms of use. I think there's an automatic way of sharing that Xena has referenced. There is no need to force others to pay pacermonitor. In future, could you please keep that in mind?

[Rkmatters]

Thanks Senti. Appreciate the recap. :)

[Doc logic]

sentiment_stocks,

Excellent work and thank you so much for your efforts. What frustrates me to no end is that this ruling essentially states "buyer beware" to investors because of the difficulty proving that management is a scientor (in the know and legally responsible) but it is also still ok to harass any company you want to as long as you have the money to pay for some court time. This case should have been tossed immediately based on the claims made without sufficient evidence produced to uphold them and because it was immediately evident what the purpose of the case was to anyone with a microgram of common sense. A self serving legal system that is fed by the hands of insurance providers who pass their cost on to everyone who pays for insurance is no substitute for common sense. Have a blessed weekend.

[doingmybest]

Senti, thx for posting this, not a surprise finish to the case and a precedent for those to come. I wish our system demanded the loser in frivolous litigations pay the legal costs for the winner. Our system needs a check and balance here.
I can't believe AF is in a respected role, he is a fraud as a biotech/pharma analyst.

[H2R]

You are amazing Senti.

I used your info to continue feeding both the NYT and the Washington Post, a thread I've started with both a couple years ago (around the Buzdar / AF attack).
I keep at it in the hope they will do a real investigating job of it, maybe the Ph III results would be the tipping point for them. Only hope at this point.

[antihama]

It's always appreciated Senti. Thanks.

[eagle8]

Great post sentiment.

Thank you so much.

GLTU