Friday, January 25, 2008

Plaintiffs' Brief Cheats Again

In the file labeled "Desperation," we find that the plaintiffs' lawyers are up to their old tricks in their petition to the Second Circuit to reconsider the ruling that would void the settlement on jurisdictional grounds.

Even though it has nothing whatsoever to do with that ruling, Michael Boni slipped into the petition a footnote vaguely asserting, with no verification, that analysis of claims now shows that there would be no "C Reduction" (a subject covered at length earlier on this blog).

As he did in 2006 when the appellees made illegal outside-the-record inserts into an appellate brief, objectors' attorney Charles Chalmers has filed a motion to strike these sentences. Our motion, with all the background, can be viewed at

What's notable is that in 2006, representations about the claims had a specific value, and were made by both the plaintiffs and the defendants. As a result of Chalmers' scrutiny, the other side then admitted that the numbers were wrong and filed embarrassing "corrections." This time there's just the equally unilateral, out-of-context, and improper statement that the $18 million settlement fund capped was not breached.

Now back to our regularly scheduled programming: our series of posts THE SETTLEMENT IS DEAD.


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