raf, remember the court denied the joint motion in the Flynn case? It happens.
As to this instance, I think the court just took a different administrative tact than what was requested by the parties. I think the court's position is that this appeal (20-1723, 1901) is strictly limited to the record below, and by consolidating the new appeal (20-2108), they are adding facts and issues that were not part of the record below in the original case.
So the court is taking the position that it will not be dealing with anything presented in 20-2108 right now. They will deal with only the original case, and then after rendering their decision on the original case, the parties then will tell the court 14 days later, what the parties want to do with the new appeal.
The court is of the mindset, that depending on the ruling, they may not ever even have to deal with the new appeal due it potentially being rendered moot by the decision. If they do have to deal with it, then they will deal with it after the decision.
The court's management decision is perfectly reasonable. The parties' request to consolidate is likewise reasonable. At the end of the day, this management decision likely does not harm Amarin. The current appeal is THE GAME, and will likely moot the second appeal.
BB is correct a lot more often than his detractors claim. Even if BB is wrong about something, we all have been wrong about things, and I do not think BB is ever acting in bad-faith.