Is a "Supreme Court Rainmaker" on the same level a
Post# of 11802
By the way, is "The Cowboy Lawyer" still in DECN's corral?
Are you 99.99% sure (your track record is not all that good. You told this board you were 99.99% positive DECN would win this case) that the Supreme Court would hear the case?
The Supreme Court has a criteria that it follows before it accepts cases.
The Supreme Court decides to hear a case based on at least four of the nine Justices of the Supreme Court agreeing to grant the Petition for Certiorari. If four Justices agree to grant the petition, the Supreme Court will consider the case. A Petition for Certiorari is granted in very, few selected cases—fewer than 100 a year, by the Supreme Court of the United States.
A petition for Writ Certiorari is a request that the court hear a case. The Supreme Court receives over 5000 writs of Certiorari every year. Each writ and the case it comes from is reviewed the Supreme Court clerks and then shortened into a cert. memo. The cert. memo is what the Supreme Court justices use to actually decide the case. Upon reviewing the memo, the particular justice that the case was assigned to will either deny the appeal himself and affirm the appeals court judgment or will bring the cert. memo before the other justices and debate whether the case should be heard. In order for the case to be heard, four justices must agree to hear the case. This is known as the Rule of Four. If four justices vote to hear the case, then it is placed onto the court’s docket and the parties and their attorney’s are notified that the Supreme Court agrees to hear the case.
The court will typically grant the petitions of cases that are exceptionally unique and that present an issue of law that would be considered far-reaching throughout the United States. The Supreme Court also prefers cases that are clear examples for the lower court so that exact guidance can be given.
You write:
"Why would anyone think that a lawsuit against J&J would hold up product launches. Only a lack of capital would do that."
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Yes... and...
You recently wrote:
"If so when will we hear the details? Will we hear the details?
In today's litigious society, settlements are almost always paid in secret. In fact Maxwell Smart's Cone of Silence is almost always made a part of the settlement agreement. So chances are we will never be told. We will only be told that there was a settlement.
But, but.... let's put a message board poster in charge of DECN, or a stock trader masquerading as an "expert," and he can change how all of this litigation stuff works. I guarantee it.
On another note, or actually the same note, this case will settle and it will settle for a good sum of money, or as Berman says, a handsome sum. Why? Because J&J is no longer in the business, they sold Lifescan. They have nothing, no business or intellectual property, left to protect. So if/when the Federal Circuit judges find in favor of DECN, and that day is coming, J&J will be faced with two decisions, settle the case for as little as possible, or continue to pay their lawyers to keep the case going, which would be a zero sum gain. The last time J&J settled with DECN they had already spent almost $60 million in legal fees, and that was in a friendly (to J&J) court, with two friendly judges.
So if message board posters and imposters decide that Mr. Berman will negotiate a settlement that is too small, or worse, decide that there is less than a 10% chance DECN will win, then Berman's detractors better get their acts together and elect someone to come in and replace him. But better do it quickly, time is short.
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I think I just saw a "For Sale Ad"
FOR SALE
One Brand New Unused Cone of Silence
Inquire DECN