Replies to post #294111 on Amarin Corp Plc (AMRN)

[Bouf]

MS—because the rules of appellate procedure say that trial courts get a certain amount of leeway, otherwise there would be endless appeals of every decision. The system has to operate, so every trial court decision can’t be subject to de novo review.

B

[Meowza]

Bouf is painting a very very (can't emphasize enough) very generalized appeal dynamic using the broadest of brushes. Elaborated breathlessly with if everyone did it, then smordy-dord!

Appeals difficulty depends on stuff like judicial economy and the nature of the thing being reviewed. Only harder for factually debatable decisions due to stuff that falls outside of paper record in an appendix. And also the panel, as some appeals judges are disappointingly predictable in their disrespect for patents issued and their only response to getting labeled "anti-patent" is to get huffy about it.

But when a judge goes rogue and interposes precedent and evidence from whole cloth, or ignores a bunch of evidence, or the trial decision (by disregarding executive subject matter expertise) threatens to embarrass the judicial branch in the eyes of the other two branches of government, or the trial decision (by way of a Nature article) threatens the embarrass the legal profession in the eyes of other professions that aren't largely safety majors in grad school--oh speaking of which, here's Amarin's case!