News Focus
News Focus
icon url

risk_it_us

11/21/06 4:45 PM

#53195 RE: nerd86 #53188

My last post for the day but I'll try to address your questions.

1)The amex submissions by virtue of the sheer numbers and lack of appeals which have already been mentioned as well as the many of the "allegations" from amex being the same in the litigation complaint is why it would further support the litigation. As far as "no detail" I'm not sure if what was alleged by the amex had back-up data with it or not but I'd tend to believe they did. Whether it is a matter of public record or can be released some other way I can't answer. However the amex is certainly not immune to court orders and the plantifs could certainly compel the amex through a deuces tecum to produce those documents if they exist (which I'd be doing right now if it were me).

2)You state you are an expert witness yet you also state you have no credentials rather you are a layman. I am an expert witness and I do have credentials to show that I've been certified as an expert witness by a circuit court judge as well as a federal court judge and I disagree with your statement "never be allowed to make similar........" because as an expert witness my statements while factual to my profession are also of my opinion yet subject to rebuttal. I've been deposed, testified, and gave expert testimony so many times I can't count them now and you can make those statements as an expert witness.

3)You further said: " It would seem to me the plaintif would want to draw this out to see the outcome of the SEC investigation." I agree 100%, that's exactly what I'd want to do as well that's why IMO there was no opposition from either side to the continuance requests of both sides.

I hope this answers your questions nerd.
icon url

ColeThornton

11/21/06 5:18 PM

#53196 RE: nerd86 #53188

nerd86, you said...

"...my view of the case is if proof is not offered specifically that fraud occured during the period of the suit the requested Summary Judgement will be honored."

Do you really think they will have to PROVE their case before they are allowed to have a trial. My understanding is they will have to convince a judge there is enough reason to proceed. The fact that the Amex, who had oversight during this period just rendered such a scathing report could be significant. It is up to the judge to decide what is relevant and what is not.

Besides, you don't know what sort of "PROOF" the Amex has...