expanding 10-Q litigation disclosures | NAVB Message Board Posts


Navidea Biopharmaceuticals, Inc.

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Msg  34371 of 34484  at  5/15/2021 9:48:37 AM  by

FIRAC

The following message was updated on 5/15/2021 2:34:51 PM.

expanding 10-Q litigation disclosures

    
Recently filed 10-Q discloses ongoing litigation (as always).  No surprises in any of them.  The only section I would take issue with is the appeal P-M filed in NY
Platinum-Montaur has not yet perfected that appeal. Until Platinum-Montaur perfects the appeal, a
timeline for resolution of the appeal, including briefing and potential oral
argument, is unknown
 That statement was accurate in the previous 10-K and 10-Qs but since then the deadline for P-M to perfect it's appeal by filing an Opening Brief has passed and the case is now deemed dismissed.  P-M could attempt to revive this appeal with a motion showing good cause for failure to perfect which would have to be filed before the end of March 2022.
 
Regarding NAVB's appeal to the OH Supreme Court:  CRG's Memorandum in Response is due 05/30/2022.  It generally takes 3 to 6 months after the Response is filed for the OH S.Ct. to decide whether to hear an appeal.  If they do decide to hear the case (and that's a big if) then rounds of briefs and responses are filed which takes another 120 days.  Then oral arguments.  It generally takes 4 to 6 months after oral arguments for the OH S.Ct. to announce a decision.  Bottom line:  If OH S.Ct.. grants cert there isn't likely to be a decision until at least 2Q or 3Q 2022, but could come sooner.  Possible appeal to SCOTUS depending on OH holdings.
 
Regarding MG fee litigation in NY Fed.Dist.Ct.:  Just want to point out the irony that MG has been complaining for months that NAVB was not following the recommendations of the Magistrate Judge and now that the Magistrate Judge has made recommendations not to MG's liking he is arguing these new recommendations should be ignored.
 
Final note. The 10-K says CRG litigation has resumed in TX but there have been no new filings with the Harris County Dist. Ct.  Perhaps there has been renewed exchanges of letters between the attorneys and that is what is being called litigation or perhaps TX litigation has been paused pending a final decision in OH.
 
 
 
 


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