Replies to post #127985 on Biotech Values

[iwfal]

MNTA -

I’m not opining as to when a settlement will be struck in the MNTA-Amphastar case; rather, I’m saying that a settlement becomes a likely outcome if the Judge allows limited discovery to proceed.

Ok - I am 1/2 on board with that. My reasoning is that allowing expedited discovery raises the stakes (treble damages) for all parties because it indicates irreversible damages are possible and the parties here don't have enough cash to pay it easily. Playing chicken with petty cash is one thing, but playing chicken with corporate death is another.

PS FWIW your earlier post does read as if you expected settlement to be seriously discussed just due to decision by judge to allow discovery - see quote below.

However, the mere fact that the Judge allows discovery ought to be enough to induce the parties to entertain serious settlement discussions.