Author: condor

It Seems That At least Four Of The Insurance Companies Have Elected To Litigate Their “Boxcar” Zetia® Antitrust Claims Separately, “Opting Out” — And Returning To Home District Courts…

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Well… this is, in some ways, a metaphorical pre-saging, of the “Revenge of the SIXTH” — now arriving in a few days. Heh.

It turns out that about a year ago, these four behemoth insurers (United Healthcare, Centene, Humana, and Kaiser), at least in an oral statement to the federal court in Norfolk, Virginia, elected to handle their own litigation against Merck and Glenmark — rather than continue in the consolidated action (once discovery was completed, they said).

Of course, they may now choose to withdraw that motion, and decide to take their share of the class settlements (without the pain and expense of four separate trials), all as agreed at the end of last month (which we have at least speculated… may well exceed $1 billion, when all added up). But if they do not, then the overall figure is certain to rise, from here.

To wit, in an overnight order in Virginia, the able USDC Judge as tasked the four with “fishin’, or cuttin’ bait.” That is, it is time to decide:

…During the July 22, 2022, status conference before the undersigned and United States Magistrate Judge Douglas E. Miller, four of the Plaintiffs… represented to the court that they would not proceed in the consolidated trial and would instead seek remand to their respective home jurisdictions… pursuant to 28 U.S.C. § 1407(a)….

Considering that nearly a year has passed since the Opt-Out Plaintiffs notified the court of their intention to remand their actions to their respective home districts, the latter option is the most appropriate way to proceed.

As such, Plaintiffs United Healthcare, Centene, Humana, and Kaiser, are each DIRECTED to file a motion to remand their action with the Panel on Multidistrict Litigation within thirty (30) days of this Order. See id.

Counsel for the Defendants, the DPPs, the Retailers, and the EPPs are hereby reminded to file agreed dismissal orders with any necessary motions, pursuant to the court’s instructions, within thirty (30) days of their settlement notifications to the court and the conferences held with the court thereafter….

Now you know — we will keep you posted, but this could increase the amount Merck and Glenmark must pay. Moreover, we may learn more in the SEC Form 10-Q for the first quarter, from Merck — due into the EDGAR filing window, shortly. Onward, grinning….

नमस्ते

It Probably Won’t Help Tangerine… That NONE Of The Five Priors Saw Their Minions Convicted On Multiple Sedition Counts, There Betsy…

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Betsy Stauffer this morning notes that only one of five former preznits ever won re-election after losing a prior election for the office. [That was the widely regarded as inept Grover Cleveland. Yawn — fascinatingly, he won that “redemption term”, in a wide-spread public backlash against McKinley tariffs that crippled the US economy for several years at the beginning of the 1890s — somewhat as Tangerine’s have. But I digress.]

No, as my graphic indicates, I write primarily to note that now Tangerine will face significantly longer than one in six odds.

Indeed, no former president ever saw his minions convicted of felony sedition crimes, while he was running a campaign to try to win a non-consecutive term of office.

And no former… was an indicted person, on various charges — or likely soon, a jury determined… rapist.

Damn.

PRICELESS, Bits!

[U: Proud Boys — Guilty Of Seditious Conspiracies!] But Hinderaker’s Not Wrong — To The Extent He Doesn’t Advocate For Violent Sedition & Overthrows…

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UPDATED: Here on Thursday morning, the jury has convicted four of the Proud Boys on various felonies, and only one of them avoided conviction on the felony of sedition charge. Importantly, the leader, one Enrique Tarrio (a close buddy of Roger Stone’s!), was convicted on all the felonies involving “sedition” counts. They all face up to decades in prison, now. [And this, after the Oath-Keepers’ leader, and nine others, were similarly convicted in the Summer of 2022… brings to 14, the number of CONVICTED seditious conspirators. So — Tucker (again!) is a LIAR.]

These manifold felony convictions are an important “reality infused” footnote, to Hinderaker’s unhinged bleating — of the past three or so years. And it is a check and balance — against the stuff he wrote overnight, and I critiqued below. End updated portion.

Hinderaker generally concurs with the UN Secretary General — on World Press Freedoms Day.

So, I guess on this discrete issue, at least on this one day — we agree.

Hinderaker says the “free press” remarks should apply to anyone seeking to have a voice — whether a formally credentialed and trained journalist or not.

Again I concur — with one simple limitation: when the results of a lawful election are being certified, the freedom to advocate for violent sedition and the overthrow of a lawful democratic government of, for and by the people… will allow for arrests and jailings of the speakers — not as prior restraint — but after uttered… for sedition.

In sum, such speech will carry real consequences at criminal and civil law. As will libel per se.

These are two caveats Hinderaker fails to mention — so I will.

Out.

NJ App. Ct.: Insurers Must Reimburse Merck For “NotPetya” Global Hack/Malware Attack of 2017…

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Not at all surprising, and just as we predicted over a half-year ago. But good to see it favorably resolved. I doubt the insurers will seek a SCOTUS writ of cert., as there really are no live issues for such an appeal. This is straightforward state insurance contract language interpretation.

Here it all is — from FiercePharma… and a bit from the appellate decision itself — issued yesterday, in New Jersey:

…[Here,] we consider whether plaintiff Merck & Co., Inc. (plaintiff, or Merck) is entitled to insurance coverage under the “all risks” property insurance policies issued by defendants after a cyberattack infected and damaged thousands of plaintiff’s computers in its global network. Defendants denied coverage under the “Hostile/Warlike Action” exclusion included in all their policies.

The trial court granted plaintiffs’ summary judgment motions, finding the exclusion did not apply to plaintiffs’ claims.

In considering the plain language of the exclusion, and the context and history of its application, we conclude the Insurers did not demonstrate the exclusion applied under the circumstances of this case, namely, that this cyberattack was a “hostile” or “warlike” action as contemplated under the exclusion. Therefore, we affirm….

Now you know. Onward, grinning — into the day of the “Force / Fourth”, mañana!

नमस्ते

“It Is Worth Noting” That Comer (And Hinderaker) Are Lying Partisan MAGA Hacks…

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…and this will go nowhere — not because of any “deep state” at FBI or DoJ, but because the allegations made by this “whistle-blower” were found… entirely non-credible over a decade ago.

Sit down, Johnnie. Grassley is senile; Comer is a endless liar. You… are… both.

Your old fart / skid-mark is showing through your lightweight white Spring slacks…

Out.

Some Of Tucker’s “Charming” Texts…

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I reprint the texts here because Hinderaker still praises him as a “winner”.

I disagree. Even the Luddite Rupert disagrees, apparently. Here is a proposed Dominion trial exhibit — as obtained by the NYT:

…EXHIBIT 276

Tucker Carlson January 7, 2021 — 04:18:04 PM UTC

A couple of weeks ago, I was watching video of people fighting on the street in Washington. A group of Trump guys surrounded an Antifa kid and started pounding the living shit out of him. It was three against one, at least. Jumping a guy like that is dishonorable obviously.

It’s not how white men fight.

Yet suddenly I found myself rooting for the mob against the man, hoping they’d hit him harder, kill him. I really wanted them to hurt the kid. I could taste it. Then somewhere deep in my brain, an alarm went off: this isn’t good for me. I’m becoming something I don’t want to be. The Antifa creep is a human being. Much as I despise what he says and does, much as I’m sure I’d hate him personally if I knew him, I shouldn’t gloat over his suffering. I should be bothered by it.

I should remember that somewhere somebody probably loves this kid, and would be crushed if he was killed. If I don’t care about those things, if I reduce people to their politics, how am I better than he is?…

Confidential to Tucker: you aren’t. You are much much worse. Obviously.

And soon all your minions will have to accept that you are… a pure 21st Century Klansman.

Out.

Hinderaker Thinks Asking For A Code of Ethics For the Supremes… “Attacks Its Independence”?!

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Well… if one looks at the actual proposals (not Hinderaker’s lies — about positions the Democratic legislators have NOT taken)… it is obvious that we advocate for a clear, and legally enforceable, code of ethics applicable to the Justices.

This would sink Thomas (and his wife), so John makes it all about past, and fully cured questions. Thomas has not reimbursed anyone for the over 30 years of perks he’s taken in secret.

That’s the issue.

John’s smoke screen won’t obscure that.

Thomas knew it was wrong, all along.

But he was already “bought” — and he knew he would face no enforceable ethics code (nor related violations charges) so he just… didn’t care.

That’s the story — not John’s nonsense.

Out.

So — All Steve’s Able To “Prove”… Is That Republicans Are “Mostly/More Ignorant” — About Israel, Than Democrats.

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Man, oh man! — this guy really ought to think… before he spits out… other peoples’ (idiotic) charts.

He is very fond of drawing vast conclusions, from mostly dubious-to-outright faked… data.

Especially on political questions.

Today’s version finds him trying to fault Democratic US voters for supposed… anti-semitism. Uh huh.

However, the clearest learning from his own charts is that by far, the greatest majority of GOP voters know nearly nothing about Israel — by their own admission.

Democrats, in larger measure, have done some research.

So he faults them for that.

But doesn’t even encourage his own base of GOP voters to do some work and become… more knowledgeable.

Y A W N.

Debt Default Nonsense — From Hinderaker: He Would Ignore All Tangerine’s (6X) Contribution To This Massive Debt…

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Look, no one who loves America… loves that, as a result of the Tea Party wing of the GOP, ever since 2010 or so, the Republicans have used their ongoing slim control of the US House to engineer “US national debt default” deadline dates.

They do it (they say) to focus a spotlight on the spending of the government — but they always and only do it during times that Democrats hold the White House (per Hinderaker, now) — in an impotent attempt to blame all deficit spending on Democratic social service programs.

In point of fact, all the social safety net programs amount to less than seven per cent of the national discretionary spend. All, together, and combined.

As we all know, defense spending is by far the biggest culprit — without a doubt — at about 50% as a proportion of the discretionary federal budget, and growing. Yet the champions of spending more there, are always the GOP.

Funny, that. In Trump’s final full year (2020), he spent $7.47 Trillion in federal monies. This past full year, 2022, Mr. Biden spent $6.27 Trillion, or over 16 per cent LESS than Trump did.

But Hinderaker only complains when a Democratic administration is approaching a “faked” calendarized debt default — ignoring both that (i) the Republicans have been, for the past two decades, far bigger spenders than Democrats, year in and year out (ever since Reagan — in fact), and (ii) that it is always the Freedom Caucus / Tea Party / MAGA wing of his own party that engineers these default showdowns.

Idiot. We know it, John. And you know it. [Also, in point of actual fact, it was Trump that called openly on TV, for a “good, long shutdown” in 2019. Purely as retribution — for perceived slights — ignoring that over three million on federal payrolls would have to go without groceries, and could not pay their electric bills — should that occur. He was no leader, at all. He was and is a narcissistic monster.]

This time though, it may well play out that the GOP will be blamed for a default, and doubly so… if it causes any erosion in the US economic engine, going into the 2024 campaigns.

So… Hinderaker is trying to warn his own party off of doing it, this time.

But it won’t matter much, either way: the GOP cannot win in 2024, as we have repeatedly shown.

The whole brand is dead, under Tangerine.

And even more so, if he runs third party — as he no doubt will, if denied the GOP nomination at the convention.

Hilarious.

Old Bitsy Is Deeply… Fearful. So Fearful, That She Wants New Legislation In Florida — Over Two Cases In The Last Decade. Out Of Over 15 Million Kids.

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I’ll simply quote her closing nonsense back to her — modified, for a 21st Century realist’s take:

“…The fact that any of these [vain, hateful attempts at lawmaking] are even open for debate proves just how stark-raving mad the far-RIGHT left has become….”

See — Betsy Stauffer is so fearful of “tu gay”… she thinks every statement of someone’s right to exist is a threat to her hetero life.

It all makes me worry about just how fragile a grip she, and John, and Steve and to a lesser degree, Scott (and Paul)… have on their own supposedly-mostly-hetero identities.

Is she afraid of “being turned into” a… gay? I do wonder.

What a sadly embittered womyn she is.