Noted Alan and very clear that for certain mods on LF, whether Rossi is a liar or not, is not pertinent to the trial discussion.
Rossi vs. Darden developments [CASE CLOSED]
- barty
- Closed
-
-
Discussions of 'faith and belief' are not directly related to the thread topic
That would include anything relating to the possibility that Rossi's devices actually work then?
-
depends where you started with learning
-
It seems to me that faith and belief are directly related to discussions of putative heat exchangers and other virtual apparatus that are the central topic of about 50% of the thousands of posts here.
-
Of course anything can happen in a court of law, but if there there is to be any justice, IH certainly doesn't have to prove that the e-cat never worked.
NO, In the USA it is the plaintiff that must prove the defendant guilty. The defendant doesn't not have to prove his innocence.
Also IH has sued Rossi: among its reasons is the alleged non-functioning of the Doral Plant. In this case is Rossi the defendant who does not have to prove his innocence .
-
Not sure about that. Do you have a reference? I seem to recall that they did set up the six cylinder device (the one required by the agreement ) and started testing but Rossi could not transfer to IH for the technology to work in NC. The work in FL was after that and not part of the GPT.
I had already provided a reference ......... I repeat:
From 254: "It is undisputed that Defendant IH owned, controlled, and could have started testing the 1MW Plant at that or any time. See id. Yet Defendants prevented Plaintiffs from commencing the Guaranteed Performance Test in 2013 and 2014 by representing to Plaintiffs on numerous occasions that the parties needed authorization from a North Carolina Health Department but were unable to obtain such authorization. See SOFO ¶ 24. It was not until June of 2014 that Defendants received clearance from their nuclear radiation compliance consultant. See id. When, in June 2014, Plaintiffs brought to Defendants’ attention that Defendants had not – since 2013 – indicated where to install and operate the 1MW Plant, Defendant Darden responded that “ideally we would not make a decision about this new location for a while longer” and that the “decision [could] wait a while.” See id. Significantly, Defendants fail to identify a single written request made to Plaintiffs demanding that the GPT begin, or that Plaintiffs’ failure to timely assist in the commencement of the test amounted to a breach of the License Agreement or the expiration of the time for performance. As the delay in the test was caused by Defendants, they cannot now claim that Plaintiffs failed to timely perform as a result."
-
Rossc and Rossele continue the posting swarm pattern. Are they related?
It may be .... it is said that we are all relatives over a certain degree .... maybe we are also relative to you....
-
But all IH has to do is to say that * they * never saw it work. And that they were unable to make it work despite diligence in trying.
In this case, they should also justify the email and internal communications in which they claimed to have had good results from their Ecat test, with COPs greater than 1 !
-
IHFB - so you think this trial is going to be about determining whether LENR works or not?
It might play a role. At least the head judge seems to think so.
If it was not important, IH would not worry about questioning the truthfulness of LENRs in documents already filed with the judge.
-
Quote
IHFB - so you think this trial is going to be about determining whether LENR works or not?
Why would it be? What does that have to do with the case brought by Rossi? It's about whether the ecat works if anything but it may turn out to bear minimally on even that.
One thing for sure about trials: they are extremely unpredictable. And the decisions often make no sense, especially in matters of technology. In this case, one can hope that Jones Day does a decent job and chooses credible experts for all the huge fees they are known to charge. But the outcome is always in doubt in a trial and maybe even more so in a jury trial which is why Rossi demanded one. If the decision is a bad one (favoring Rossi) then you can bet there will be an appeal.
QuoteAlso IH has sued Rossi: among its reasons is the alleged non-functioning of the Doral Plant. In this case is Rossi the defendant who does not have to prove his innocence .
Civil trials are not about guilt or innocence. The allegation is that Rossi defaulted on his promise of performance in a contract for which he received an initial $10+ million. To prevail, Rossi has to prove either that he did, in fact, perform or that the reason for non-performance of the contract (if Rossi admits that) lies with IH -- for example, that they did not follow instructions. Courts tend to rely on expert opinion, not having the expertise on their own to decide technical issues. I am not a lawyer so my language above may be imprecise but I have participated in law suits so I know a bit about them. They are extremely tedious, burdensome, and expensive, whether you win or lose. And sometimes in a civil action, the reason for the decision seems absurd and at best extremely technical about things like the law, arbitrary limitations on what evidence can be presented, the parties' "standing" (demonstration of sufficient connection to the case), and so on.
So for sure, the outcome here is very hard to predict. The only thing for sure is that the combination of IH and Jones-Day far outshines Rossi and Annasser et al. But again, that in no way guarantees the outcome.
QuoteIn this case, they should also justify the email and internal communications in which they claimed to have had good results from their Ecat test, with COPs greater than 1 !
That's not that difficult. They trusted Rossi and used his recommended methods for measuring "COP" and they were mislead and deceived by the con man.
-
Display More
It is quite wonderful how folks like ele argue that there is "quite a long list" of people who have corroborated Rossi's work. People like Penon and Levi. Giants in the world of science with tremendous reputations. Well, no. Buddies of Rossi's who do his bidding. But that is quite good enough for the faithful, I suppose.
There is no doubt whatsoever that the determined Rossi believers will go to their graves positive that the e-cat is real regardless of what ever happens.
Interested observer,
That is because the alternative,
The believers were hoodwinked by a scam artist, is unthinkable to them.
They simply CANNOT be wrong, they are to smart.
-
Also IH has sued Rossi: among its reasons is the alleged non-functioning of the Doral Plant. In this case is Rossi the defendant who does not have to prove his innocence .
that is right but remember this thread is Rossi vs Darden not Darden vs Rossi which is the counter suit.
-
that is right but remember this thread is Rossi vs Darden not Darden vs Rossi which is the counter suit.
I think we can make some allowances to accommodate the related countersuit here.
I can't imagine how we'd succeed in keeping the two topics separate. -
I think we can make some allowances to accommodate the related countersuit here.
I can't imagine how we'd succeed in keeping the two topics separate.Yes, but I would have thought that the customer would have been included in this thread but Alan did not like that.
-
Yes, but I would have thought that the customer would have been included in this thread but Alan did not like that.
I have no idea what you mean. My comment above was related to people making 'content free' posts - content free in terms of quoting evidence from court documents - about who was an was not lying. While truth and lies are hopefully relevant when this goes to court, right now merely saying 'Darden was lying, Rossi was lying' without context is simply a waste of space - and will very likely get moved to the Playground. The suggestion that anything gets censored short of libel and insults is entirely wrong - moved maybe, but that's about it.
-
Anybody going to the trial?
-
Anybody going to the trial?
Abd had mentioned going. If he does, no one could cover it better. I think he is tight on money though. Maybe he will set up some funding account, so we could pitch in?
-
Abd had mentioned going. If he does, no one could cover it better. I think he is tight on money though. Maybe he will set up some funding account, so we could pitch in?
I'd pitch in some $$. He and Eric Walker paid for a lot of documents and spent a lot of time parsing them. Good idea.
-
Abd had mentioned going. If he does, no one could cover it better. I think he is tight on money though. Maybe he will set up some funding account, so we could pitch in?
Not sure if this in the rules here or not. Mods - forgive me if this is against some rule - feel free to delete if it is and accept my apology. . But He does have a gofundme account.
https://www.gofundme.com/cold-fusion-journalism
for going to the trial and other things. I think the trial is his main objective.
-
I do hope Abd goes, although it would be better to have someone with a little less slant on their analysis.
