With IHs motion to dismiss failing, where now for IH?

Quote from Walker

Hi all

With IHs motion to dismiss failing, where now for IH?

From the latest court moves is seems the Judge is not accepting IH's grounds for motion to dismiss and instead is moving toward a trial of the issue before jury and is acquiring the specialists to achieve this.
thenewfire.wordpress.com/good-…nd-leonardo-corp-lawsuit/

IH so far have not issued a defence and only have few days left to do so.

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I pointed out before how stupid this comment was. In fact, a Motion to Dismiss faces a very high bar. That four out of eight counts were dismissed shows just how defective the Complaint was. However, judges are obligated, in ruling on an MTD, to give every possible benefit of any doubt to the plaintiff.

The judge has now actually ruled, as I predicted (i.e., that a formal ruling, entered into the docket, would be required.)

On some of the kept motions, the judge hinted that with an Answer and some discovery, Summary Judgment might prevail. Summary Judgment can be moved by either side, claiming that agreed fact is such that a ruling can be issued without going to trial.

The next step now could be that IH appeals the ruling. I do give that less than 50% probability. There might be a partial appeal, i.e,. say, Cherokee might appeal to be excluded from the case, there being insufficient grounds to include them.

The strongest evidence I see for Cherokee involvement is the allegation that the Agreement was signed in Cherokee offices. That might be enough to survive an MTD and and appeal. Only to lose at trial, when more facts come into the record. Such as Cherokee having put no money into IH and having no ownership interest at all. The judge, inferring from claims in the Agreement, assumed 100% ownership and control.

So other than appeal, the next step.

If the ruling is appealed, the clock on filing an Answer will be stayed, AFAIK. If no appeal, IH has two weeks, as I recall, I haven't checked again today.

Based on what Dewey Weaver has leaked, the Answer is where the fireworks start.

Quote from Hermes

So half of Rossi's claims have been dismissed! That's a major victory for IH and shows that a modest amount of money invested in good attorneys has been well spent. It's such a shame though, that any money at all has to be spent on legal costs instead of LENR research!

I wouldn't overstate the matter. A full dismissal might have been thought of as a major victory, though it could simply have meant an incompetent filing. It's true that the IH Motion was well drafted, but I also would not call it perfect. Still, "perfect" is extremely expensive. And that is not necessarily to be invested at this time. IH might appeal. I don't know whether that would be worth the investment or not. They are experts, I'm not.

Filing a Motion to Dismiss, though, given the Complaint, was a no-brainer. The difficulty was that there are "facts" alleged that must be assumed true, that aren't true at all. Expect to see a motion for summary judgment after the Answer and response are filed, possibly even before discovery. I'm not sure about procedural details.

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Just imagine! If Rossi had convinced IH that everything worked, he would be $89 M richer and all over the world funds would be pouring in to finance yet more LENR research.

That's not quite it. If he had taught them how to make devices that work when independently tested, that major breakthough would have happened and, in fact, it could have happened several years ago. The critical tests were not the large-assembly tests, but tests of individual units, which are far easier to accomplish and far more meaningful. Planet Rossi makes a huge deal out of the "successful" 1 MW test, but that's irrelevant to the real situation: without the ability to make devices that work reliably, without a Rossi-bot babysitting them, they could not license the technology to anyone. They could not raise the $89 million even if they were "convinced."

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Just think of the ovation these guys could have expected at ICCF-20 in China and Japan. I can imagine the ISCMNS President in a tuxedo presenting Rossi with the Minoru Toyoda Gold medal to rapturous applause of scientists and the press...

Rossi has never cared about the ISCMNS community. His behavior could be considered a gigantic Fuck You.

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But no, this dream is not to be. Greed, stupidity, incompetence or worse seem to have got in the way. We would do well not to confuse dreams and wishful thinking with reality. This forum is full of posts showing how a dream became a nightmare. Will we learn the lesson? I have my doubts.

For years now, my effort has been to encourage genuine scientific research. Practically speaking, there are many reports of LENR phenomena. Some may be artifact. (Fraud is unusual in the scientific arena, the only fraud has involved what one might expect, people apparently seeking money rather than knowledge.) Some have been confirmed, but with funding being scarce, for years, these confirmations may still leave something to be desired, possible artifacts to check, etc.

So ... priority to confirmation with increased precision of what has already been confirmed. Heat/helium was the first of these I proposed. The community was not eager. "We already know that! Why waste money on this?" Well, because if this is shown beyond any reasonable doubt, the major excuse for denying funding to LENR will disappear. There will still be plenty of reasons to be careful. The known effect is fragile and difficult to control, as yet. However, if it's real, this fact then suggests avenues for conservative research.

It's about time.

Wyttenbach: you are making less and less sense until this last post has pretty much nothing comprehensible at all.

As rarely happens, I agree with Jed. Any device which could amplify electrical power at megawatt levels using nuclear fusion as a source would be essentially priceless. Whether the COP was large or small as long as the power gain was clearly demonstrable which of course, Rossi's was not.