[Bump And Update: 04.23.23] And Trivially, Scott Cannot Comprehend Libel Law…

Updated: I am bumping this since Scott Johnson here on Sunday morning has returned to his silly whining about various Matty-Dick-Pics Taibbi BS. It seems that Scott believes, that at some DeVry Institute of Law, they teach you that when you libel someone, or a group of someones, the press and social media is required to give you “equal time” — that is they are required by law to cover your libel with an air of credulity. They must help you amplify your lies.

Well, Scott — that is decidedly NOT the law. All of the above are free to ignore libelous stories (lest they have to pay — for example — $787.5 million in settlements for said… lying!). So it should come as no surprise that media outlets and social sites are… ignoring you and Matty, in the main. No one wants a billion dollar libel tab, idiot. So — do sit down, and shut up. End of the updated bump. Out.

[Original Dateline 04.21.2023:] This is barely even worth mention.

But I will. Heh.

Tonight, Johnson complains loudly that FB has blocked links to his libelous “51 intel officials’” rant.

He imagines himself a victim because (in essence) FB doesn’t have a “must carry” / equal time rule… for the libelous BS he writes.

Charming.

Equal time ended during Ron Reagan’s first term in any event, idiot.

Why would (say) a “members-only” country club be required to post your drivel on a cork-board in the formal dining-room, locker-room or its ballroom?!

What a clueless idiot — but that is what FB is: a private club.

Sod off.

Why Is Hinderaker So Ignorant Of History, On Taxation?

The Powerline boys (John in particular) forgets that just 20 years ago, the GOP regularly out-raised Democratic candidates by an average of 6-to-1.

But then the GOP stumbled badly — especially on large corporate donor care and feeding. Under the thrall of the Tea Partiers, and the even more reactionary MAGA wing, the GOP missed that the American consumer, and then Madison Avenue (and thus corporate brands’ interests) were bending toward more progressive ideas. The US skewed / grew younger — and more tolerant.

The GOP ignored… this entirely. And that was not… good business. And that started being reflected in falling donor totals.

So now, well behind the political power curve, John wants to paint himself (and his fellow multi-millionaires) as… victims.

Damn.

John, just shut up and get used to paying a fair share in taxes — finally.

For your entire adult life, you’ve enjoyed unfair tax advantages and tax breaks.

That time is now ending.

Just shut up, you fecklessly malevolent moron.

Hinderaker “NEEDS” That Manifesto?! Why?

So… few moments in 2023 would be as revealing of his narcissistic personality… as John Hinderaker publicly declaring that his “need” to demonize trans people should outweigh an ongoing mass murder investigation — in Nashville.

He scoffs that he knows there cannot be an “ongoing investigation” (he reasons idiotically, because the shooter is also dead). John seems unaware that there could be concerns that the shooter didn’t act alone; or might have been put up to it for money or some other form of consideration.

And, just maybe… that manifesto provides some dangerous “roadmaps”. John’s an idiot.

But no, Hinderaker feels his need to make political hay of it… should “Trump” everything.

What a depraved, decrepit loser he is.

Out.

We Now Likely Know WHY Merck Is Settling For Boxcar Numbers In This Litigation With Most Parties, Here Even As It Picks A Jury…

Last night, in Norfolk, Virginia, the trial court reversed an earlier magistrate decision. That reversal means Merck cannot muddy the waters — about the validity of the Zetia patents — by citing evidence from a post-Glenmark settlement piece of litigation on the same patents, against Mylan.

That is, it would prejudice this trial, and would confuse the jury — to hold a largely irrelevant patent trial (Mylan) within the main patent trial (Glenmark), all wrapped inside an… antitrust trial (on Zetia). That is the way the able USDC Judge just memorably put it.

Thus, it seems, Merck is being compelled to pay various plaintiff classes loads of money. The jury will see how Merck gamed the patent laws to keep Glenmark and others off the market for years, and in fact made reverse payments to keep them off market. That will be lethal (in Condor’s experienced opinion) to Merck’s defense that this was in any manner pro-competitive. Here’s the full 26 page opinion and order, and the concluding bit:

…After a de novo review, 28 U.S.C. § 636(b) (1) (B) ; Fed. R. Civ. P. 72(b), the court FINDS that the prejudicial effect of evidence related to the Mylan litigation that post-dates the Merck v. Glenmark settlement substantially outweighs its probative value. Fed. R. Evid. 403. Accordingly, Plaintiffs’ Objections, ECF Nos. 2026 (DPPs and EPPs), 2029 (Retailers) are SUSTAINED and Plaintiffs’ Motion in Limine No. 19, ECF No. 1817, is GRANTED.

The parties are DIRECTED to proceed at trial in accordance with the directives of this Memorandum Opinion and Order. The Clerk is DIRECTED to send a copy of this Memorandum Opinion and Order to counsel for all parties.

IT IS SO ORDERED….

Will we see more settle out before Monday, when jury-picking resumes? Who knows?

In passing, do consider that the admitted facts in this trial are far more nuanced than the ones on which Martin Shkreli was ordered banned — for life. That is now a decision on appeal in the Second Circuit — one Shkreli will… lose.

नमस्ते

It Turns Out The Ancient Mayans “Kept Time” — In Part — On A 45 Year, Four Planet Cyclical Calendar We’ve Only Now Dubbed “The Long Count”.

I am forever intrigued by… how little we “moderns” actually know — especially when compared to those who’ve predeceased us by thousands of years, half a continent away.

The classical Mayans, it turns out (long prior to the arrival of Cortez) were tracking at least four planets’ movements in the night skies very closely — and had organized that sideral motion into what amounted to a 45 year “long count” calendar. It was deadly accurate — and unknown anywhere on the planet to that point.

The Mayans’ multi-ton, colossal circular stone tablet could accurately predict where in the night sky one might find Mars, or Jupiter or Venus… even hundreds of years ahead into the future — or backward, thousands of years in the past. They had worked out the 45 year repeating pattern, and committed it to a gorgeously-ornate color-coded stone… to survive into eternity — for us.

By that point in human history (300 to 600 AD), no European could have offered even a guess at where to find Jupiter in the sky — even 20 years out. Almost no one in Europe even knew it was… “out there”. That should be humbling: it has taken us well into the 21st Century to decipher what the Mayans were trying to teach us heathens:

…The Mayan calendar’s 819-day cycle has confounded scholars for decades, but new research shows how it matches up to planetary cycles over a 45-year span. That’s a much broader view of the tricky calendar than anyone previously tried to take.

In a study published in the journal Ancient Mesoamerica, two Tulane University scholars highlighted how researchers never could quite explain the 819-day count calendar until they broadened their view.

“Although prior research has sought to show planetary connections for the 819-day count, its four-part, color-directional scheme is too short to fit well with the synodic periods of visible planets,” the study authors write. “By increasing the calendar length to 20 periods of 819-days a pattern emerges in which the synodic periods of all the visible planets commensurate with station points in the larger 819-day calendar….”

I certainly wish we could learn the names of those excellent Mayan astronomers — now likely forever lost — over thousands of years via the shifting sands of time itself. And while it is nice that the Tulane scholars “figured it back out” — that is simply standing on the shoulders of these… Mayan giants of calculus / mathematics, right?

We really ought to get over… ourselves — our supposedly vast “secret knowledge” hardly eclipses the ancients, even now. Smile.

नमस्ते

MAGA Rednecks Will Miss ALL Beer More Than Intelligent Democrats Will Miss… Nothing.

Stauffer’s silly parade continues, this Saturday afternoon. Here, she purports to lecture the big beermakers about the “danger” of “going woke”.

Uh-huh.

See, Betsy, the problem is… your beer guzzling moron base of MAGAts… they are ’bout out of brands. They won’t buy imported. Coors and all the others have even more inclusive ad campaigns than Bud ran.

Grrrrrl… you are sh!t out of runway.

And the rednecks will turn on you, personally — after just two weekends of watching NASCAR, or WWF, and having no ‘Murican beer to drink.

That will be… hilarious.

The larger point is that, dear Bits, the world has left your hateful 19th Century views… behind.

You and your mob… are the dead and dying… past.

Sorry — the new world has no use for you — and your small-minded hatred.

Cheers, miss.

Stauffer: “I’d Rather Elect A Felony Fraudster And Serial Rapist, Than Him…?”

Well… we know why Betsy writes what she writes.

She knows Tangerine cannot beat Mr. Biden in 2024.

Has Mr. Biden slowed down? Yes.

Is he a gentle, if older man? Also yes.

Trump would actually be older [at the end of his supposed 2024 term — if he were (preposterously) to be elected].

More importantly, Trump has shown signs of being increasingly prone to violent ideation (if not violence itself) as he has aged.

Witness 01.06.21 — and his remarks about being indicted and arrested in New York — and the deplorable image he posted of threatening a NY DA with a bat (at above right).

So — even if we accept Bitsy’s view, that Mr. Biden is slowing down… her alternative offers us clear and present danger. She is… an idiot.

Classy move, Bits.

Out.

Hinderaker’s Back On All His Old Discredited Rants… Again, Tonight.

The likely reason he is retreading these old whines of his… is that he wants to avoid mentioning how stupid his anti-abortion allies were to pick the fight they did in Texas two weeks ago (and honestly, even going back to Dobbs — that has energized a whole generation of young people looking to make… progress — and voting reliably to unseat anti-choice morons). Those nonsensical, ineffectual attacks… have gutted any new GOP appeals to anyone under the age of 45, now and forever — unless they are already hard right bible thumping Xtains. There is no math for the GOP in national politics any longer.

The brand itself is likely dead — and John now well-knows it. But he cannot just throw in the towel.

So he returns to what he thinks of as two wedge issues. The first is laughably silly. In the US in the last five years, out of nearly 60 million school age kids — ones under 18… there have been under 200 total sexual top or bottom surgeries. That is — kids are thousands of times more likely to be maimed or killed by lightning, a rattlesnake bite, or fentanyl or even shotgun hunting… than ever meeting a surgeon’s knife in the way Hinderaker feverishly imagines. DeSantis passes laws about two cases in in a decade in Florida. This is a fundamentally stupid reason to even think about the GOP as offering anything. Whatever, John.

His other “Im just… barking mad” topic for ranting is help for low income humans in California, with their energy bills.

Here the argument he makes is that they deserve to freeze or roast to death. It is their fault (he argues) that energy is so expensive.

That is both cynical — and not supported by any real evidence. And what he really argues is that very high income people in Cali should not be allowed to help low income people afford electricity.

John — if the people of California vote for it — all it proves is that they aren’t the same embittered sad, decrepit stingy bunch of whyte codgers… that you Powerliners clearly are.

So — Paul Mirengoff Demonstrates That He Does Not Know Who Holds The Upper Hand In Elite Level Law School Recruiting.

I’ll make rather short work of this, as the chucklehead put it behind his paywall, perhaps knowing that it was… a clunker. In any event, whatever he says is of no moment, as the market has long since moved away from his bleatings. He has become… irrelevant in today’s law firm / law school recruitment and retention marketplace. [As has that small cadre of judges saying they won’t hire Stanford grads (four at last count — all MAGA/Trumpy appointed loons). Yawn.]

So, Paul Mirengoff complains that the BLSA at Stanford announced it would boycott recruiting events at the Law School. This means at least two things: (i) the people of color who visit the school to think about going there — or, for example to Harvard, Yale or the U of C… may not meet many (any?) Black current law students. That will, in turn, reduce the number who enroll. It will impact Stanford’s scoring on diversity and inclusion. That is important, despite what the embittered, senile old whyte codgers at “Reckoning” and Powerline think (all former Ivy or Stanford lawyers).

And… second (ii) it will mean the top flight firms (ones that also get scored by their Fortune 200 clients on how well they do at recruiting and promoting for inclusion) will be unlikely to meet many people of color, as candidates for law firm summer associate, or permanent hire seats.

What the decrepit old Paul doesn’t understand… is the bargaining power top flight Black and brown law students in particular weild — and have been leveraging for a decade or more.

Long gone is the world where a few old whyte male senior partner / rainmaker lawyers hired primarily from the ranks of their country club buddies’ families.

Without a pipeline to very capable diverse candidates, these firms will shun Stanford and focus on Chicago and the East Coast.

Karma is… a b!tch, Paul. Get used to it.

Now, The End Payor Plaintiffs (Insurers, Mostly) Have Been Paid By Merck And Glenmark — To Settle Zetia® Antitrust Matter.

It all actually happened yesterday, but only appeared on the Norfolk, Virginia federal docket this morning.

This still leaves the hospitals, retail pharmacies and other retail purchasers in the litigation. Here’s the order:

…Before jury selection commenced as scheduled, the court was advised that the End Payor Plaintiffs (EPPs) had reached a settlement agreement with the Merck Defendants and the Glenmark Defendants. Thereafter, following a brief delay, jury selection resumed for the remaining parties at 11:30 AM….

Jurors (Panel B of 34 jurors) appeared as summoned, sworn, and examined on voir dire. Jurors not serving excused.

Jurors (Panel A of 32 remaining jurors) appeared and continued to be examined on voir dire along with remaining jurors on Panel B. Jurors not serving excused.

The court directed that the remaining Jurors from Panel A and Panel B return on April 24, 2023, at 10:00 a.m. Jury trial continued to April 24, 2023, at 10:00 a.m.

Court adjourned….

Onward, grinning — Condor wonders: will all the others settle over the weekend? We shall see… on a flawless warm Spring Friday in the city of big shoulders. Be excellent to one another.

नमस्ते