Replies to post #104402 on US Stem Cell Inc (USRM)

[Dragon Lady]

NO !

It was my understanding that the purpose of todays oral arguments were to determine if there is sufficient ''evidence'' to proceed with the appeal in court against the FDA. I think we'll see it go on to the next step, however, I hope USRM has a better team of lawyers that we saw today.

100% TOTALLY INCORRECT !!

$USRM are IN APPEAL at the APPELLATE COURT the day and instant THEY FILED THEIR APPEAL in the 11th circuit ! PERIOD !!

MOST APPEALS (Federal especially, and especially civil matters, not criminal where criminals have more urgent right to be heard) most DO NOT EVEN HAVE "ORAL ARGUMENTS" as the judges are just too massively overworked and their dockets stacked A YEAR OR MORE DEEP WITH CASES TO BE HEARD !

https://www.pacermonitor.com/view/4ZUDN7Y/USA_v_US_Stem_Cell_Clinic_LLC_et_al__11cae-19-13276__11013175.0.pdf

THAT IS THE USRM WRITTEN FORMAL APPEAL - see the date ? It's JAN OF 2020 as in they have FORMALLY "BEEN AT THE APPELLATE COURT" since that date and submitted brief !

BY EVEN ALLOWING "ORAL ARGUMENTS" is an indicator the 3 Judge Panel considers the case EXTREMELY IMPORTANT AFTER THEY READ THE WRITTEN FORMAL APPEAL and want to give both sides their 15 minutes (as they did today) to argue anything they might have forgotten and to allow the judges to ask any questions that may have them a bit confused from the written briefs etc.

THE WRITTEN BRIEF ALONE IS ENOUGH TO DECIDE AN APPELLATE CASE who's outcomes are only 3 possibilities:

1) Remand it back down to the original court with a smack to that judge explaining what they got wrong and to rehear the case in that lower district court, as in likely at least a bench trial and NO SUMMARY JUDGEMENT, etc

2) Or, OVER TURN IT COMPLETELY and hand a WIN TO USRM, as in 100% CASE CLOSED w/ "FDA YOU HAVE NO CASE" or standing here.

3) PARTIALLY OVER-TURN some or part of the case and remand other portions back to the lower court for a bench trial or similar.

THAT IS IT !

USRM is "IN APPEAL" and has been for over 1 year now - this is THEE END STAGE WHEN "ORAL ARGUMENTS" occur !

Only thing left - is the FINAL RULING BY THE APPELLATE COURT which is issued IN WRITING and will post to the 11th Circuit Court of Appeals website and become "case law".

https://www.ca11.uscourts.gov/opinions

ONLY OPTION THEN FOR THE LOSING SIDE - would be to APPEAL TO THE U.S. SUPREME COURT which is long, slow and costly and the SCOTUS "hears" VERY FEW CASES - the SCOTUS "Accepts" ONLY CASES THEY WANT/CHOOSE TO HEAR - they can reject any case they want w/ no explanation or reason given. Simply NO, we will not hear the case.