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SIGA Technologies Inc. Message Board

  • ilmdeamha ilmdeamha Jun 20, 2013 7:09 PM Flag

    Prior example of SC telling Parsons "do the damages award over again"

    Guzzetta v. Service Corp. of Westover Hills

    SC reversed and remanded Parsons' $10,000 damages award: "a proper exercise of discretion would then require that the court explain its rationale for setting a bond at an amount well below the enjoined party’s credible estimate of potential damages. The trial court did not provide such an explanation, and it does not appear from the record that the Guzzettas’ remaining estimated damages are unreasonable."

    I looked up what Parsons did for the remand. Now that he had to provide a full explanation, he wound up entering a new damages award in the amount of $26,353 complete with an itemization of the components, in a 22-page decision (the SC decision was 7 pages). I further note that since this award was more reasoned, there were no further appeals to the SC that I could find (even though Service Corp had to more than double the amount they had to pony up, and the Guzzettas actually were hoping for $93,351.32).

    A few more thoughts:
    - Makes me sort of hopeful that when the SC tells Parsons to do a damages award over, they don't just mean "you can give the exact same award, but provide a different justification this time."
    - Parsons does seem to care about avoiding another appeal to the SC and the potential to be reversed twice.
    - I noted the dates of the SC case and the remand back to Parsons. SC decided November 9, 2010. Parsons decided the remand July 21, 2011, more than 8 months later. :(

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    • Thanks for the search.
      But if you search Parsons' background/wiki, you'll discover that he was an IP attorney who became political as President of The Del. Bar leading to his appointment as a judge.
      He is and will be way "over his head" in all non IP matters and as such his struggles for equity have made & are making him a great punching bag for a SC that seems to enjoy needling him by heralding his shortcomings,no?
      And he retaliates,NWJ?
      Is he concerned about how much SC needling will deny him a reappointment?
      You betcha.
      It's sorta like AMLN/DRODFREAK freaking out about their posts' thumbs down,NWJ?
      They continue posting but more & more tune them out/iggie them.
      Will the SC's thumbs down be enough for the Gov to iggie Parsons?
      SIGA's PPS will be $100+ by then if it happens regardless of his remand decision,NWJ?


      Sentiment: Strong Buy

    • Thanks for the research. If he waited 8 months for a case involving $26,353, then it could be 8 years before he rules on this case with millions on the line. PIP better settle in for a long wait.

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