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skitahoe

03/24/24 9:35 PM

#681064 RE: ilovetech #681047

ILT, I really have no expectations of the Judge, my expectations are based on Posner and her firm taking this on contingency. If NWBO sees nothing she sees nothing. It's not impossible that it could happen, but her record seems very strong and I like where she's coming from. Certainly the MM's aren't just going to roll over and die, but I believe if she gets past all the delays and the case is clearly going to court, she'll come away with money, and so will the company. I'm not saying it will, or won't go to trial or verdict. In many cases a settlement is made during Jury deliberation. An old attorney friend who's no longer with us had a client take a settlement against his advice during jury deliberations, the jury was about to report and would have awarded over a million more than the settlement. Of course if you take the settlement you get the money now, whereas if the jury issues a judgement it could be years if it's appealed.

In speaking with my attorney friend he indicated that the jury award is really just the beginning. In some cases the court will award more, as a juror you really never know who will receive what. I was once on a jury for wrongful death of an 8 year old, it was a civil case and we actually had an attorney on the case. The attorney agreed that a payment was due, but once the jury went above $1 million she clearly thought it was too high and didn't participate in the ultimate amount we awarded, which was over $4 million. Of course we don't know what was paid, or whether they appealed, but I'm sure the mother received something substantial, and so did her attorney, who also had a medical degree.

Gary
Bullish
Bullish

jimmy667

03/24/24 10:19 PM

#681077 RE: ilovetech #681047

Correct. The Law requires a strict mathematical formula for damages and must be proved not inferred
The formula could be used as precident in future cases. Ideally Posner should prove damages with a formula that has acceptanance and precident in prior cases.