woodworker Member
  • Member since May 26th 2017
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Posts by woodworker

    woodworker 511 posts to date Motive? Fraud? Science?

    "Point to be noted is that, as the name it suggests, ‘cold nuclear fusion can be visualized as a peculiar exothermic nuclear physical phenomenon associated with fusion of atoms at low temperatures of the order 300 to 1000 degree Kelvin against currently believed fusion of atoms associated with a temperature of the order of million degree Kelvin. Cold fusion experiments can be classified into two categories’. First one is ‘Electrolytic Cold Fusion’ associated with ‘Electrolysis of Deuterium’ and second one is ‘Hydrated Cold Fusion’ associated with ‘preheating of hydrated metals in a pressurized reactor’."

    Also note

    "Based on the repeatable nature of hydrated cold fusion experiments conducted by S. Focardi, Andrea Rossi, A.G. Parkhomov, E.O. Belousova Yu. LN. Bazhutov, A.I. Gerasimova, V.P. Koretskiy, Yasuhiro Iwamura, Tadahiko Mizuno, Jed Rothwell, Prahlada Ramarao, N.S. Varaprasad, P. Shyam Sunder and Shashank G Dath and other eminent scientists [5-22], it seems compulsory to review the basics of cold nuclear fusion positively."-Seshavatharam and Lakshminarayana 2021

    As I noted, I don't comment on the science side as I understand very very very little of it. So I have no idea what you are talking about there and why it is or is not important or relevant.

    There are several more acts to play yet. Even if you lose, in many jurisdictions you can ask a jusge to audit the costs for accuracy and reasonable expectation of value.

    Alan: I don't comment (or very very little) in your areas, you know, science stuff. Please don't opine on American law -- you are not a lawyer. If AR is being sued by a litigation services provider, I am 99.44% certain that their standard services agreement provides for attorneys' fees and costs.

    AR is potentially on the hook for three categories of payments: (1) costs for the actual services or goods rendered by the service provider -- all they have to prove to the judge and/or jury is that they rendered their services or delivered their goods, that they met the required specifications and that AR did not pay -- at that point there is no disputing the "value" of their goods or services (at least 99% of the time). They prove they delivered, that AR did not pay and they win.

    (2) the second category is "costs" of the litigation. But costs do not include the attorneys' fees -- they include the filing fee, let's say approximately $500, the costs of hiring a court reporter for both trial and for depositions, the costs of hiring any experts and similar costs. FYI, many civil courts no longer provide a free court reporter and if you want a transcript, whether for daily review (really expensive) or in case you anticipate losing and needing one for appeal, transcripts are not cheap. Transcripts for depositions and a 3 day trial can easily exceed $10K. Judges are not going to adjust actual costs -- you win, you get them.

    (3) The big driver though is attorneys' fees -- let's assume that the plaintiff has one partner, one associate and one paralegal working the case, which would be fairly light staffing. I would expect a mid-size law firm partner in Miami to bill out at no less than $700 per hour before trial actually starts and at least $1,000 an hour during trial. Mid-level associate somewhere around $400 an hour and a paralegal around $125 an hour. This sounds as if it is not a terribly complicated collection case -- there should absolutely be no discussion or evidence regarding the widget itself -- I would expect the plaintiff's law firm to have spent no more than 50 partner hours, 150 associate hours and the same for the paralegal. Of course if AR is actively resisting discovery, that means that the partner, et al, get to spend more time preparing routine motions to compel and going to court (although via zoom, it is still court time) arguing these motions and lots of billable time fighting with AR's lawyers. So my estimates might be low. You can see that this gets very expensive very quickly. And yes judges have the right to adjust the number of hours a lawyer can charge, and the rate, but if the rate is the market rate in that area, the judge is unlikely to cut by more than 10%, and if AR has been a jerk about complying with his discovery obligations, judges get pissed off.

    American judges really don't cut jury awards when it comes to collection matters -- those are pretty cut and dried. If the provider did their job, they get paid whether you win or lose.

    One last note: Florida is a very generous state for individuals who file for bankruptcy -- they make your primary residence essentially off limits to creditors. But IIRC AR has multiple properties in Florida and he can only claim one as his primary residence. And if he tries to shield the other properties from his creditors -- well, the bankruptcy courts frown on that, unless of course you are really wealthy and you have really good lawyers. And I suspect that the caliber of lawyers who could do that for him would want an engagement fee in excess of what is in dispute in the present litigation. And that fee has to be paid before you file bankruptcy. I have been involved in a few cases where the engagement retainer, for individuals, was $500K.

    Simple and short answer: FAKE, TOTAL BULLSHI*.

    About this kind of lawsuit does the possibility of prescription exist after a certain number of years without a final judgment?

    If yes (apart paied witness solution) the magician would like not better then.

    A few thoughts from a California lawyer. First, I have NOT reviewed the docket or the publicly available documents. Having said that:

    (1) if the contract was for litigation document management services, I would expect the contract to have an attorney's fees clause pursuant to which the winning party recoups their reasonable (as approved by the judge) attorney's fees;

    (2) most jurisdictions in the United States have Statutes of Limitations providing that actions have to be brought within a certain period of time -- generally for breaches of contract somewhere between 4 - 6 years (each State makes its own rules);

    (3) as long as the action was commenced within the time limit, it doesn't make a difference if it is not concluded within the time limit -- civil cases have to go behind criminal cases (although Florida may have separate civil and criminal courts) and it is not at all unusual for civil cases to take several years;

    (4) if the plaintiff here had not timely commenced the action, AR's counsel would have immediately filed a motion to dismiss, which would have been granted;

    (5) as I have noted several times, I am not a physicist, engineer or any sort of hard scientist, I am a lawyer -- therefore I don't opine on matters where I have no expertise -- US COURTS DO NOT FOLLOW UK LAW -- yes, much of our common law derives from English common law and yes a US/State judge can sua sponte adjourn a case sine die if neither party is moving forward, but that is extremely extremely rare -- if the plaintiff isn't moving forward, and the delay is not due to the defense being obstructive, courts will more commonly issue an OSC (Order to Show Cause) to the plaintiff ordering them to show cause why the case should not be dismissed, at which point the plaintiff either gets his ass in gear or the case gets dismissed. If this case were dismissed, it is very likely that any new action would be beyond the Statute of Limitations and time barred.

    (6) if AR is being obstructive, e.g., deliberately missing deposition dates without legitimate excuse, the plaintiff will file a motion for sanctions, which judges may or not approve depending on how bad the obstruction was. Sanctions can be monetary (the usual sanction being the amount of the attorney's for bringing the sanctions motion), issue preclusion -- this means that the court can rule that a particular issue shall be deemed to have been decided in favor of the other party and terminating sanctions, where the court believes that a party's behaviour (relating to the court action, not the underlying dispute) is so horrific that said party loses their case without the requirement for going to a jury, etc.

    (7) given that courts are starting to resume in person proceedings, I anticipate that by the time this actually goes to trial, Rossi would be required to physically show up to be examined in court by plaintiff's counsel. Which would mean that his credibility would be challenged using all of the evidence brought out in the IH litigation. If he were to refuse to show up, absent some truly legitimate excuse, the judge would be mightily pissed off and could issue terminating sanctions.

    (8) before someone suggests that he take the Fifth Amendment, that really only protects him in a criminal trial, not a civil one. If he attempts to plead the Fifth, the court may compel him to answer or be held in contempt (which means bring a tooth brush because you are going to be locked up until you agree to answer the questions) or the court could allow him not to answer but then instruct the jury that the jury make make all the negative inferences from his refusal to answer. And before someone claims that choosing to plead the Fifth can't be used against you, that again only applies in criminal matters. In civil cases, refusing to answer will almost always lead to the court instructing the jury that they can reach a negative conclusion about the issue that the witness refuses to answer.

    The above is a summary general description. There are always exceptions to the rules, but IMHO AR is toast.

    Everything was setup by the big oil and energy players ... poor Rossi you have no empathy. See what happens when you have a product like SKLed! which shakes the global market. Confidential information is already circulating .... Philips and GE want to sell Led light divisions.

    I have consulted with the Great Oracle, and he says that the confidential information he has heard is that everyone Rossi approached laughs in his face.

    Of course it is a well-known legal manoeuvre, and sometimes it works as you suggest -but it's hard to get tired of waiting for $1M. Plus costs.

    Unless there is a specific attorney's fees clause, "costs" does not include attorney's fees. It generally includes items such as the filing fee, the court of a stenographer for depositions, possibly expert's fees, etc. The biggest dollars, attorney's fees, are not included in costs.

    NO NO NO. Now he has an excuse for not bringing his widget to market, allowing anyone to inspect, actually producing something tangible, etc. We just have to understand that the widget will only operate successfully under that name and if it can't be sold under that name, the whole widget will have to be completely re-designed and engineered. All of which will take at least [????] years. This also provides a "reason" for his devotees to rationalize their extending their (previously extended and extended and extended) deadlines for him to actually produce something tangible.

    It amazes me (although I don't know why given all the other crap going on politically) that he still has believers and followers. He, and his cult, have gone from claiming, with respect to multiple different widgets over a period of several years, that he had produced and sold commercially viable systems capable of heating factories and/or providing electricity in amounts greater than consumed, that he had partnered, over several years, with the world's leading companies relating to the development, etc. of his widgets, that he had multiple robotized factories up and ready to produce his widgets, that he had received safety certifications for all of his widgets, that he had invented new materials and techniques in engineering, none of which have ever been made public, and that his discoveries were, essentially, the greatest development since a round wheel and would bring freedom, prosperity, happiness and a unicorn to everyone in the world -- we have gone from all of that to now (well, not really now, more a date to be determined in the future) a new light emitting diode, an LED that is so revolutionary that once you plug it into a power supply, it provides light. HALLELUJAH, the world is (or will be once Saint Rossi actually produces something) now a blessed place.

    truth , PhysicsForDummies , Wasp : just that we are clear, our forum has long ago stablished,

    and permanently evolving as required, policy of what is allowed or not in the comments, one of which rules is that insults between members and to third parties non members are not welcome, and repeated violation of the rules, after warnings and posts editions or removals, will get you banned.

    Calling someone, either directly or sarcastically, a scammer (or fraud, liar, embezzler, con artist, charlatan and other similar terms), is currently considered an insult, so anyone that insists, after warnings, using those terms will get the forum policy applied.

    If you want to call anyone magician, I think this is not a problem, someone would even think is flattering. I personally use “il dottore” to refer to the particular person subject of the thread.

    I generally agree with most of the moderators' decisions, but I believe this is wrong. Calling someone an asshole, a bastard, etc. is an insult. But if a person's behaviour consistently shows evidence, both in the legal and anecdotal sense, that a person is a liar, etc., then the use of such a term is a factual description. If I say that AR frequently tells lies, as evidenced by his admissions in his deposition testimony and in his filings with the court, why is calling him a liar not telling the truth. Something may be insulting, but it may also be true. AR was shown to have lied, he was shown to have falsified documents and the existence and independence of entities. He has "earned" those appellations.

    What lawyer would take that case? Rossi would have to prove he is not a scammer and his critics have no merit. Good luck with that. Who would be his character witness? Mats Lewan? I guess he could shine the Skled into the jury's eyes and blind them to "prove" his earth shattering invention.

    IAAL and there are many many attorneys who would be happy to take a fee to write a "cease and desist" letter (I would not in the case"). But based on everything I have seen so far, there has been nothing defamatory about AR and IMHO he would be deemed to be a "public figure" under New York Times v. Sullivan and would have a very high bar to meet. If Alan, et al, were to receive such a "cease and desist", I would be honored to respond on their behalf, pro bono, with a well-worn and classic response -- "See "Arkell v Pressdram"".

    Depending on what is revealed in 10 days and how the word gets out, this thing could go viral and preorders surpass 1 million units. It could surpass demand for a Covid-19 vaccine. :evil:

    I assume your comment was intended to be comedy or sarcasm. After all, what happened to all the previously ordered and delivered and/or pre-ordered older versions of his widgets? Oh, right, they never existed.

    So, as I see it, AR is going to produce and sell a box with a widget hooked up to an LED, which box is plugged into an outlet. I suspect that the widget, oops, I mean the ECatSKL, will turn out to be some form of rechargeable battery that will allow the LED to produce light when the outlet is switched off. Huzzah, huzzah, success at last.

    And why is AR now saying that heat and electricity will follow when he has been proclaiming repeatedly that his widgets already produce excess heat and electricity.

    The con continues. EOL.

    PFD, you should relax a bit and not jump on every poster that, according to your interpretation, posts as pro-Rossi fan.

    Just to refresh your memory, I am neutral as far as Rossi's claims. I don't have any hard proof that he has what he claims.

    I haven't seen any poster at LF that has hard proof that Rossi does not have anything.

    It is often difficult to prove a negative. Just like Homer Simpson, I have a rock that keeps elephants away. I don't have any elephants around, so does that mean the rock works?

    And as for proof that AR has nothing -- the entire IH / Doral episode proved, conclusively, that AR had nothing and was a fraud and conman.

    I have what I believe should be a simple question: IIRC, sometime in the first half of 2019, we were told that Rossi was going to demonstrate a new improved widget which would put everyone's doubt to rest. That demonstration was held, after substabtuve dekatm, in Stockhold in the end of 2019. With a few loyal exceptions, the Stockholm demonstration was ridiculed and treated as a flop.

    So here we are, a year or two later (although some might say a decade or more later), and we are now prepping for a NEW EXCITING DEMO with a new unnamed party, with certification from another certifyer, who is unlikely to let us see the safety certification and, rather than actually produce a product which would have immediate impact on the world, global warming, etc., we should all be patient with the progress of Dr. Rossi's magical machine, which can not only produce and harness heat, electricity, other forms of energy and produce the perfect toasted bagel.

    Aside from the bagel, is that an accurate summation of the last 18-24 months?

    I apologize for not responding more quickly, but I have been working in Las Vegas the last two weeks as a poll observer. And I guess I must have missed something where I appeared to insult someone -- I certainly don't recall doing that. And if I did, please point out exactly where and how.

    And you may be a very skilled carpenter, but there is a world of difference between a carpenter and a cabinet/furniture maker.

    In addition to my comments above, I think you left out "Live long and prosper." Personally, I think you mistake this planet or reality with one where humans and humanity are perfect angels. Sounds to me that would be a very boring place, something like the Eloi in the Time Machine.