MikeDunford Student

  • Member since Jun 23rd 2017
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  • Rossi is now calling his device the "E-Cat- QuarkX".

    I speculate that Rossi wouldn't be linking the QuarkX to the E-cat unless the IH licence agreement had been cancelled as part of the agreement.
  • MikeDunford

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    (Quote from Deleo)


    I would not assume that. PT Barnum has addressed this situation in greater detail.
  • MikeDunford

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    (Quote from Eric Walker)

    Sorry, I think I was unclear. Transcripts are an exception to the usual rule of immediate online availability. The court reporters, who are in part compensated through the sale of transcripts, get a 90-day exclusive window.…
  • MikeDunford

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    (Quote from JedRothwell)


    Well, I have plenty of evidence for myself to conclude that Rossi is a fraud and has nothing, but there's all sorts of information I was looking forward to hearing. Off the top of my head, I wanted to hear Jim Bass's testimony…
  • MikeDunford

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    (Quote from Alan Smith)

    I don't know, but given the large sums of money Rossi demanded, and his mercurial temperament, I doubt I.H. or anyone else would settle without prejudice.

    (For people who know as little as I do, "with prejudice" means:

    "In the…
  • MikeDunford

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    (Quote from MikeDunford)

    (Quote from MikeDunford)

    As in pining for the fjords. As in is no more, ceased to be, expired and gone to meet its maker, run down the curtain and gone to join the choir invisible. This is an ex case.

    Mike, please stop with the…
  • MikeDunford

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    (Quote from JedRothwell)


    Punishment was never on the agenda in this case. Punishment isn't a thing in contract law. The maximum likely outcome would have been for Rossi to lose his case, lose the counterclaim, and (maybe) have to repay a portion of…
  • MikeDunford

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    (Quote from Alan Smith)


    And he's probably right. At this stage of the proceedings, Judge Altonaga's permission would be required to drop the case; I'm not sure she would approve a without-prejudice dismissal after the amount of time already consumed.
  • MikeDunford

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    (Quote from Roger)

    Simple answer: NO. Even Rossi's supporters agree he is a showman, and therefore is practiced at putting on a good face. Additionally, I suspect that Rossi is very very glad he won't be subject to examination about the fake company,…
  • MikeDunford

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    (Quote from maryyugo)


    With prejudice absolutely applies in civil actions. This case is (or will be with the filing of the Rule 41 stipulation) officially dead. As in pining for the fjords. As in is no more, ceased to be, expired and gone to meet its…
  • MikeDunford

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    (Quote from oldguy)

    Well, to paraphrase Mike D, the terms of the settlement are confidential, unless one side blows up the confidentiality (or otherwise breaches the settlement agreement). If Rossi starts bragging about what the settlement agreement…
  • MikeDunford

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    (Quote from THHuxleynew)


    It takes two to tango, and two to settle. The fact of a settlement itself means nothing. For all you know IH may have offered to pay Rossi more cash, or Rossi may have offered them money to walk away. Who knows- definitely not…
  • MikeDunford

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    (Quote from maryyugo)


    tl:dr - it's a short version of the legal citation for one of the fundamental statements in American constitutional law: "It is emphatically the province and duty of the judicial department to say what the law is. "

    Long version:…
  • MikeDunford

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    (Quote from oldguy)


    I suspect that the timing had more to do with the break for the weekend than anything else. Opening statements on Friday let everyone walk to the edge of the cliff. Then they got to stand there, wiggling their toes over the edge and…
  • MikeDunford

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    (Quote from maryyugo)


    Yes. And that was avoidable.

    Something worth (IMO) keeping in mind:
    Medical doctors can be split into two very broad groups: the primary care docs and the cutters. Cutters are bad news. They're expensive, and they will hurt you.…
  • MikeDunford

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    (Quote from THHuxleynew)


    As woodworker alluded to in an earlier post, many contracts have clauses which make attorneys' fees available to the prevailing party in a contractual dispute. The Rossi license did not. A fee award would have been potentially…
  • On to the next phase of the farce: spurious conclusions to be drawn about the significance of the settlement. But lack of meaningful information presents no impediment to confident pronouncements.
  • MikeDunford

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    (Quote from Eric Walker)


    I don't know. The ethical rules on client perjury are a quagmire. Basically, the rule of thumb is that a lawyer must not offer testimony that the lawyer knows for a fact is false. The lawyer may decline to offer testimony that…
  • MikeDunford

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    (Quote from PeterMetz)


    I think both sides have every reason to NDA the hell out of the settlement agreement. Unless that agreement goes belly-up and results in additional litigation, I seriously doubt that the details will fully become public. However,…
  • MikeDunford

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    IH gets out of more expense and publicity and Rossi gets this entire event swept under a rug.