Replies to post #43970 on Greenshift Corporation (GERS)

[nobody12378]

Another very critical component of this decision is the delay from the successful adjudication to determination of award to receipt of the award.

For example, the Federal Circuit could find for GERS but send the award phase back to McKinney. Whatever, the first blush of that award and punitive damages (perhaps by jury trial) are that could be appealed by either side. AND after the many months (years) it takes to get this finalized it may take additional legal action to enforce the collection; such as federal marshals seizing property and freezing bank accounts. Remember the direct and punitive damages could be HUGE, so large that it may force some of the smaller companies into bankruptcy; and what about ICM who has pledged indemnification to all of the defendants?

C&C would have virtually perfect knowledge of these possibilities. They are working on contingency and spilling blood out of their corporate treasury until the cash is in hand. You can see why they might see a smaller "bird in hand" as being far more attractive than a larger "bird in the bush".

[twaflyer1]

yes.
1) Because the I-Co's will show reasons Why they aren't responsible, as well as showing Hardship, throw the treble damages out the window, fuut. Hard to prove? All I-Co's will find reasons (judges probably heard them before,) why they had to do those things, a couple might be legitimate, as Business, like anything else in life, is a maize of misunderstandings, and innocent misjudgments, (I'm sure Vois would have a few of those to toss around too)!

2) Then, Vois might choose to accept a deal where royalty Payments have to be made-up until the "Settlement," or deal is concluded! Then to compensate for any damages, vois might demand each I-Co' that is rendered liable, to add maybe 10-25 percent ABOVE the regular Royalty payments for a period of years, breaking-down the damages into dollars, then spreading a certain percentage around until the damages are fulfilled, however long that might be?...or demand instead an interminable contract (Lifetime,) with each I-Co' paying royalties at 5-15 percent above the Customary amounts being paid quarterly!

3) Then there is a possibility that Gers accept payment from all the profits, from all sources, including the corn to Ethanol production itself, the I-Co's receive for a period of time until the debt is fulfilled!

4) Just to avoid the HUGE cash settlement, Gers might demand a small piece of the Co's themselves? Why not, the I-co's would be relieved of a large Dollar amount outlays?

4) In any case, the deal will be working on ways to break down the Dollar outlays that everyone can live with!