No. A jury trial depends critically on the jury hearing and seeing the
witness actually testify in person - and weighing truthfulness based on the
witness’s 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


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 Rossi’s 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 Penon’s 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


If you were Penon, would you return?



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