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  4. CytoDyn Inc (CYDY) Message Board

Thank you Jake. I appreciate this discussion in t

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Post# of 155139
(Total Views: 553)
Posted On: 07/17/2023 10:45:03 PM
Posted By: MGK_2
Re: Jake2212 #135782
Thank you Jake. I appreciate this discussion in the paragraph on the arbitration.

When you read this in the latest Press Release:

Quote:
We are very confident in our claims, in particular, due to the results of independent and FDA audits that have been conducted as to Amarex’s services, and regulatory action taken by the FDA against Amarex. Our attorneys will be taking all steps necessary to maximize recovery from Amarex.



and when you realize that the Press Release was written by attorneys and lawyers and not by Nader Poorhassan

and when you hear these attorneys being OK saying $100 million, knowing we owe Samsung 38-9 million and Fife something like $50 million

how do you think the Arbiter rules knowing that the FDA has taken regulatory action against Amarex? The FDA won this arbitration for CytoDyn in this one regulatory action, so the $100 million stated to CytoDyn's partners is in the bag and they can rest a little easier knowing this.

Quote:
... announced that it has filed a supplemental Statement of Claim and formally requested a hearing date in its litigation proceeding against Amarex Clinical Research LLC (“Amarex”), the Company’s former Contract Research Organization (“CRO”)



we now await this hearing date and I believe it will be the arbiter that decides when that is. And what ever date he/she chooses, then the clock starts. Because then Amarex needs to decide to try to settle for a smaller sum than for what SA is requesting or to wait closer to that hearing date. If they offer a smaller sum early to SA, they may have time to offer a greater sum. But if they offer a sufficient sum early enough to SA, then SA may accept. But if they wait, SA may not accept any offer unless it matches or approaches the requested sum. Otherwise, SA will just wait for the arbiter to decide.

I expect the max request made by SA to be the face amount of Amarex's mal practice policy. $100 million may only be half or a quarter that. SA will request the full face amount of that policy.


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