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rosemountbomber

02/19/22 6:24 AM

#371155 RE: Jasbg #371154

I have to respectfully disagree. That was the main objection Dyk voiced. Listening to the arguments the first thought that came into my mind was how Amarin screwed this up by not filing this themselves or at least joining Marjac’s effort.

And, since I know very little about legal was glad my initial feelings were confirmed by Marjac’s quote you posted.

Amarin has made so many mistakes business and legal wise, but I am done blaming them. After all this I am really so pissed at myself for not exiting when I should have. If GIA these guys will never achieve anything and will die in a big chill like the Universe - only in a much shorter time frame.

marjac

02/19/22 8:52 AM

#371162 RE: Jasbg #371154

Jas,

You could very well be right. My comment was based upon dealing in facts rather than speculation.

It is an indisputable fact that had Amarin, the actual party to the case, filed the Rule 60 motion as demanded, neither the Standing, nor the Rule 24 Intervention procedural hurdles would have been part of the case. The Rule 60 motion would have confronted on the actual merits, but then the question remains whether the courts would have applied facts and law, or ignored the facts and law.

Of course the merits should have been reached in our filing, because under 9th Circuit law, we have standing and we satisfied the elements of Rule 24. But we have dealt with hostile courts which refused to enforce the law, and flagrantly ignored applicable caselaw precedent. Truly a bizarre set of circumstances. Now we are left with the SCOTUS petition as the last longshot option for addressing the Rule 60 underlying merits.