If there had been no contract this would have been mentioned in the
motion to dismiss - and the case would have been thrown out. Do you
really think Rossi made it up about the $89 million?
On 8/13/2016 7:27 PM, Eric Walker wrote:
On Sat, Aug 13, 2016 at 5:59 PM, a.ashfield <a.ashfi...@verizon.net
<mailto:a.ashfi...@verizon.net>> wrote:
The case would have been thrown out of court already if there
weren't some sort of contract for the performance test.
That's incorrect. There has been no assessment of facts as of yet.
There was the Complaint, with its exhibits and allegations, and the
back and forth with IH's Motion to Dismiss, which considered the
allegations on their legal rather than factual merits, and now the
Answer, which has denied allegations from the Complaint and raised new
ones. In the Motion to Dismiss and the reply to that motion, which
are the only instances in which the court has weighed in on the matter
so far, everything stated in the Complaint was interpreted in the most
favorable light possible for the plaintiffs, assuming all allegations
were true. Now I suppose there will be discovery, where the two
parties request various kinds of documentation and get depositions
from key witnesses, along a similar series of replies and rebuttals
from Rossi's side, considering the legal merits of the allegations
IH's Answer.
All this time, and for a long time to come, no assessment of facts,
e.g., whether there was a contract for the performance test. But I
doubt that such a separate document will need to be produced, for the
testing is spelled out in general terms both the License Agreement and
the Second Amendment (which IH deny is applicable, and which mentioned
the Six Cylinder Unit rather than the 1MW Plant).
Rossi said he was waiting in vain for IH to come up with a
customer and it does seem strange to me, that with all their
contacts, they didn't.
Apparently we will have to wait for the court for the details to
come out. Keep in mind Rossi was the one taking it to court and
he knows that the details WILL come out.
Rossi has said many things. But I interpret the situation as
generously as possible, given what are most likely to be the fact in
the matter. In that light I suspect that Rossi's motives for
initiating the lawsuit are not transparent. I think he was trying to
put pressure on IH to back out of the License Agreement, and that the
lawsuit was his last move for applying pressure to that end as well as
his endgame.
Eric
