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ziploc_1

09/18/20 6:05 AM

#299840 RE: sts66 #299736

"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."

What was really "unfortunate"....was 4 things:
1. someone from the defendants side cropped the table which displayed Kura results.
3. The Covington lawyers failed to pick up this cropping of the Kura table
4. Judge Du, unaware of this cropping of the table, used this table as an important factor in her decision about the predominant prima facie evidence.

Let's see how this prima facie evidence holds up WITHOUT a cropped table.

marjac

09/20/20 3:03 AM

#300181 RE: sts66 #299736

sts,

All I am saying about the 3 judges' votes on amicus, is that even though they sat on the Panel, they still get to decide on whether en banc review is granted.

The hurdle should be easy to overcome by filing a motion for leave to file the Brief, which is typically granted.