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marjac

08/27/20 2:56 PM

#293040 RE: rafunrafun #293036

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.
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Biobillionair

08/27/20 3:17 PM

#293054 RE: rafunrafun #293036

If so, major props to BB.---Thanks Raf...

Amarin needs to carefully consider argument strategy leading off on 9-2, they have a chance to make a quick kill. Hikma will have to change planned response and will have no say or coherent argument. BB
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alm2

08/27/20 4:32 PM

#293081 RE: rafunrafun #293036

Simply put there are two separate appeals - the first to be heard as to oral arguments on 2nd September
The parties in effect recognise -as does the court -that the finding on the first appeal after oral arguments - will in reality determine the outcome of the second appeal -there is thus no need to consolidate the two cases -
So the first appeal outcome is what counts
It’s essentially a procedural way of resolving the two appeals as one rather than consolidating them

Trying to keep this simple -But USA lawyers on the board will correct me as needs be ...
Alm