Bob,
No. A jury trial depends critically on the jury hearing and seeing the witness actually testify in person - and weighing truthfulness based on the witnesss demeanor and the handling of hard questions. IH would never agree to forego direct testimony by the most important witness in the case and the one most likely to crumble under pressure. And since when is a megawatt boiler not a boiler? Of course it is a boiler. From: Bob Cook I doubt that Rossi's device meets the definition of a boiler in the Florida code. In addition I would expect that his testimony (deposition) could be taken remotely, if he were out of the country. That deposition would substitute for his presence at the trial. In addition the misdemeanor charge may be a nit in the big picture that Peron sees. I would guess his lawyers would agree. He may even get immunity to such a charge from the Florida district attorney, since the issue is mute. Bob Cook From: Peter Gluck Ø dear Jones, some 10% of the sum in dispute usually goes to the attorney, lawyers, hudges...everywhere. Very funny. I mistook this for a serious discussion unless you are implying that this trial will cost Rossi and IH together about $10 million, no matter what the verdict. That is 10% of ~100 million and probably not far off. Otherwise, you must be referring to Romania. In the USA, the sum in dispute is meaningless and often inflated so consequently, you are either paying on the clock (exorbitant hourly fee) or there is a contingency agreement in place which is typically one third of the actual judgment which is awarded, plus costs and fees. In the USA, contingency fees are based on the jury award, not the amount in dispute. One of the beauties of capitalism, no? Few lawyers would touch Rossis case on contingency, given his history of legal problems. Most likely the situation is that he is being bled, drop by drop by high hourly fees and his attorney would like to drag that blood-letting out as long as possible. Same on the other side. Looking ahead, I agree with Brian Ahern who has opined that as soon as it comes time to produce Penon for deposition, if he does not show up - then the entire case will be tossed since Penons testimony is critical and no data can be introduced at trial without his physical presence. It is futile to quibble over these small details about the filings, motions and posturing, until the depositions. Bottom line: both sides are being fleeced by the legal system. And both are probably deserving of that predicament, but for different reasons. BTW - If Penon shows up for deposition, and holds up against the IH legal team, then there could be a settlement, but chances are that he will be unavailable. It is clear that Penon is facing misdemeanor charges in Florida for operating a boiler without a license and failing to have US certification as a practicing engineer. Actual fraud has been mentioned by IH. If you were Penon, would you return?
