Replies to post #299581 on Amarin Corp Plc (AMRN)

[MontanaState83]

Mark - are you going to write the amicus?

[Restingzebra]

Brilliant. Time to kick butt and you're the guy to do it. Thank you!

[sts66]

The three judges on the Panel vote on granting en banc, but the decision is made by all 12 of the judges.

Huh? What do the 3 judges votes mean, why do they even bother, if the decision must be made by all 12 judges?

Per this "Amicus" - are you referring to Singer's new brief or one submitted by an outside party, which I thought was off limits when seeking an en banc hearing? Along that line of thought, here's what Singer said about the cropped table in his first appeal brief - you're saying he should focus on this being intentional and fraudulent?

4 Unfortunately, in reprinting Table 3 of Kurabayashi’s Apo-B results, the district
court’s opinion cut off the inter-group statistical comparison. (Compare Appx30 with
Appx88404.) Defendants’ proposed findings of fact did so as well. (Appx102826.)

Even if you think he should, will he actually do it? He should be smart enough to know a change in tactics is required, the "wrong population" argument went nowhere.


edit: I see you intend to write an Amicus - but someone posted info from a court of appeals that the CAFC must be asked to allow an Amicus to be entered when requesting an en banc hearing - it's not normally allowed - how are you going to clear that hurdle?