Replies to post #283165 on Amarin Corp Plc (AMRN)

[marjac]

You can never be completely sure what an appellate court will focus upon in rendering its decision. In the Sopranos case, Baer v. Chase, 392 F.3d 609 (3d Cir. 2004), we focused 75% of our 60 page Brief on breach of implied contract, with only a 1-2 pages focused on quasi-contract. The Third Circuit affirmed the District Court completely, except, much to our surprise because we thought implied contract was rock solid, the Third Circuit reversed on grounds of quasi-contract.

Accordingly, as long as it does not undermine the overall presentation, it would have been prudent to find a way to get the statistical information in the Reply Brief, even as a footnote, posting the link with a request that the court take judicial notice of the Bhatt Report's publication.

[rafunrafun]

O -

have to ask why you would want him to focus on statistics?

I am not questioning Singer's approach (he is of the the G.O.A.T. and I don't even have a JD) but rather making an observation.

I believe that he could have found a legal way to add the paper (or at least make a reference to an undisputed statistical analysis) but CHOSE not to. Possibly because (as you said), it would take the spotlight away from his key arguments.

Thus:

1. The paper makes an additional compelling arguement (Bhatt certainly thought so) &

2. IMO Singer could have referenced it &

3. Singer CHOSE not to =

Makes me think that Singer has that much of a strong case (without the paper).