Rossi vs. Darden developments [CASE CLOSED]

  • Wouldn't the ability of Rossi to put more electrical energy into his system than was delivered by the utility company be a violation of thermo?


    Assuming that the FLP smart meter is reliable and made no transmission errors (which are common for smart meters), and assuming that Murray massaged the data in an acceptable manner, then yes.

    • Official Post

    Assuming that the FLP smart meter is reliable and made no transmission errors (which are common for smart meters), and assuming that Murray massaged the data in an acceptable manner, then yes.


    "Assuming Murray massaged the data"....Oh boy, someone is looking for a fight tonight! :)


    As to the disparity between FPL's (Florida Power & Light) billing record for the Doral facilities power consumption , vs Penon's report on the 1MW plant's power consumption, Murray did admit in his deposition that the difference could be on FPL's side. A minor win for the fighter in the Rossi corner.


    Not that this will be resolved in the trial, but in today's document release, the witness list includes...surprise, FPL. Forgot which side will call them to the stand, and too lazy to dig it back up, but I think it was IH. Whichever way, guess we will hear what FPL has to say about their meters.

  • "Assuming Murray massaged the data"....Oh boy, someone is looking for a fight tonight! :)


    Not really looking for a fight. But Murray did massage the data in every which way. He smoothed it out and did other things to it. He had a couple of assistants transcribe the data line by line into a spreadsheet (that must have been a tedious job... have you seen that raw data?!). He talks about all of this in his depo.

    • Official Post

    Another on the witness list for IH, is James Childress, from Boeing's "Research and Technology" facility in their relatively new St. Louis facility. As a reminder, Dewey (also on the witness list) said here on LF, that Boeing was brought in by IH to assess Rossi's tech, and confirmed their negative findings.


    Boeing being involved raised a few eyebrows, but apparently Boeing is branching out, and looking to the future, as this quote from a news article about their new St. Louis center shows:


    "We're building a deeply talented workforce here that will make important contributions to future products," said Nancy Pendleton, leader of the BR&T-Missouri research center. "The new BR&T-Missouri research center allows access to and development of cutting-edge technologies across a broad spectrum of research areas, which will help launch the next hundred years of innovation."

  • "Specifically, Judge O’Sullivan found that:

    (1)...

    ...


    IHFB, nice neutral analysis. I sincerely appreciate it (even if it happens to support Rossi). No embellishment, editorializing, etc.


    Thanks for contributing that way in a separate comment. And to be clear, commenting/editorializing is fine too, it's just nice if you either do that in separate comments (as you have), or indicate in the comment when you switch to editorial/opinion mode (as I often do - or try to do but sometimes get lazy).


    Nice job!


    (I'm taking the day off 8))

  • Given this information (which is quite interesting!) don't you all think that it would be appropriate to give some deference to this elderly (old-styled) gentleman from Italy to be referred to as Dr., given that he has a legitimate advanced degree (equivalent to a U.S. masters degree yes, but it is different historically in Italy) in Philosophy of Science?


    Rossi will...cough, cough, :) play drama queen/victim on stand:


    "The Defendants assert that “Plaintiffs should be barred from presenting evidence or

    arguments relating to Rossi’s physical illnesses or ailments at trial because such information is irrelevant to any claim or defense in this case and would only serve to unduly prejudice the jury.” Notably, Dr. Rossi previously suffered from an ailment that caused him to cough excessively and periodically caused him to have reflux which had to be dispelled into a cup or other vassal. Since his deposition, Dr. Rossi has had surgery to correct the ailment and is still recovering therefrom. Accordingly, any mention of Dr. Rossi’s physical illnesses or ailments would be offered only for the purposes of explaining his appearance and/or reasons for coughing at any point during trial and/or during depositions"

    Rossi got a hernia tearing out all the faulty "instrumentation", and invisible heat-exchanger system, and installing and removing windows...must hot have too many ailments.

  • (1) the request was untimely because the Defendants failed to bring this matter to the court for approximately a year after learning of the alleged spoliation;


    (2) that the pipe and heat exchanger were removed in or around March 2016, but no duty to preserve arose until August of 2016;

    This is a bit interesting...


    Us in the peanut gallery did not know anything about the miraculous heat exchanger until the past couple of months. Yet the judge says the issue was untimely.

    How could IH have been untimely if they had not learned about the system until a couple of months ago? Remember, no photos ever showed the thing and it is really doubtful it ever existed.


    So either IH knew about the claimed heat exchanger for a long time and the depositions do not reveal that, or the magistrate is oddly making a mistaken assumption.


    Secondly, I am not quite clear on what "duty to preserve arose until August of 2016" means by the magistrate in this case. I believe in normal cases, duty to preserve is when it becomes known that certain evidences are central to a trial and must be protected in their current state. Why would this date be August 2016 and not when Rossi filed the suit? What happened in August 2016 that suddenly made preserving the actual equipment important? :/

  • What happened in August 2016 that suddenly made preserving the actual equipment important? :/


    The countersuit.


    I think the IH camp misunderstands the intentions of the honorable magistrate and the honorable head judge. They want all information to come to light. Rossi and team wanted to limit discovery timelines, and the judges refused that as well. The judges wanted to have all related documents available to each side dating all the way back to 2011. The judges want the jury to see all pertinent evidence, consider all possibilities, and have as little withheld from consideration as possible. And good on them.

    • Official Post

    Bob,


    Good points. How could IH move to preserve the upstairs heat exchanger, when they only learned about it during depositions....makes no sense to me either. Something else of note; both IH and Rossi's lawyers agreed after the test (not sure exactly when), to padlock the 1MW plant. That shows intent to preserve whatever was there at the time. That would include the external plumbing linking the two plants, and the heat exchanger.


    This judge is setting a very high bar for marks and consumer fraud victims in the future. By his judicial reasoning, if they do not determine they have been tricked, before the con-artist rids himself of incriminating evidence...they lose their rights to use that evidence in their defense. Plain stupid IMO. As I said before, I think Sullivan is enjoying this particular case too much. He may be so lenient of Rossi's shenanigans, because as he said in the one transcript, "this (trial) should make a for a fun summer".


    There is a reason Rossi has been a bit chipper of late....he was probably sweating that decision. Now, it is almost clear sailing to the court room, where he can...cough, cough, :) plead his case to a fickle jury.

  • Shane D.


    You are saying that IH, negligently, failed to properly inspect all of the property and devices their $10M and more to Rossi paid for? Why did they not know/inspect/view/document EVERYTHING Rossi did within THEIR (IH's) experiment/test? $10M is not a negligible investment, even for IH. Not to mention that virtually anyone who knew Rossi could have told them he was not a trustworthy or truth-telling character.

    • Official Post

    MY,


    I did not say IH was "negligent", but have instead said they were victims of a scam, so I do not know where you got that from? And "why did they not know/view/document everything"?...Well we are not sure they did not do that. They became suspicious of Doral shortly after it started, as they became concerned that Rossi was doing something illegal that could get them in trouble. It has already been said they have IR images of the building from when the test was in progress, so I am guessing they have more that will be revealed. But if so, they can not have a picture of an imaginary heat exchanger....don't you think? :) (that was joke) Plus, they were barred from the JMP side, and I believe Rossi guarded the 1MW 16 hours/day so as to prevent much snooping, so that limits what they may have collected.


    That said, I will say that my general impression from a broad reading of the depositions, is that IH was too "hands-off" with Rossi, and let him do whatever he wanted, in however way he wanted. They admit to that, explaining as their rationale that they were afraid to piss him off, and lose him, as all they cared about was whether the tech worked. What they failed to realize though, was that with the long rope they gave Rossi to operate, he used to make the hang mans noose he has wrapped around IH's neck right now.

  • You are saying that IH, negligently, failed to properly inspect all of the property and devices their $10M and more to Rossi paid for? Why did they not know/inspect/view/document EVERYTHING Rossi did within THEIR (IH's) experiment/test?

    Exactly! They should have photographed the non-existant invisible heat exchanger. They did manage to get photos and videos of the invisible pipes going up to the mezzanine. You can see clear as day those pipes are invisible. It is almost as if they weren't there, like Macavity the Mystery Cat:


    Macavity's a Mystery Cat: he's called the Hidden Paw—
    For he's the master criminal who can defy the Law.
    He's the bafflement of Scotland Yard, the Flying Squad's despair:
    For when they reach the scene of crime—Macavity's not there!

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