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Whittemore-Peterson Institute Prevails in Lawsuit

Discussion in 'Media, Interviews, Blogs, Talks, Events about XMRV' started by oceanblue, Dec 20, 2011.

  1. oceanblue

    oceanblue Senior Member

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    Report by Victoria Campell, and video, on News 4 KRNV Reno, 19 Dec 11.

    Key quote:
    In the accompanying video, the WPI Attorney Ann O Hall alleges Judy Mikovits still has WPI material inc. 'her own notebooks' and WPI will pursue the return of these through the courts.

    How did it come to this?
  2. snowathlete

    snowathlete

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    Pretty brave, or stupid (I dont know which) to defy a court order like that. I suppose the only defence that would work on that is "I cant return them, because I dont have them" but I dont know if thats the case or not.
  3. Andrew

    Andrew Senior Member

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    Los Angeles, USA
    This is all so tragic. What should be happening is an agreement is made that Judy can photocopy her notebooks, and then they are returned to WPI. My reasons are: 1. Judy needs this information for her upcoming studies and 2. WPI needs them as records of their research and they should have physical possession because it's their property. Too bad we can't have arbitration on this that is guided by what's good for everyone (including patients).
  4. currer

    currer Senior Member

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    Sad, isnt it?

    I had an e-mail from the WPI asking for donations yesterday.

    I had to write back saying that I could not donate to the WPI if they pursued the legal action against Dr Mikovits.
  5. Firestormm

    Firestormm Senior Member

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    Cornwall England
    'After a flurry of motions were filed by each party, Judge Brent Adams in the Second Judicial District Court in Washoe County ruled in favor of WPI, which fired Mikovits in September for insubordination. In essence, the judge's "default judgment" rejected Mikovits's replies to the complaint and upheld all of WPI's claims, which include breach of contract and misappropriation of trade secrets.

    "It is so surprising," Hall says of the judge "striking" Mikovits's reply, noting that that the judge emphasized that he had never taken this action in his 22 years on the bench. Typically, judges offer a point-by-point ruling on the merit of a defendant's answers to a compliant. Mikovits attended the hearing but did not testify.

    In court documents, Mikovits pled the Fifth Amendment, the right not to testify against yourself. Hall charges that the Fifth Amendment defense "was overly broad and kind of an abuse of the process."

    Hall says it's unclear whether WPI will ever retrieve the property it seeks, and the civil case will now focus on damages. WPI has yet to tell the court the value of the property at issue, and no future court date has been set for the damages hearing.'

    http://news.sciencemag.org/scienceinsider/2011/12/civil-court-rules-against-chronic.html?ref=hp
  6. pine108kell

    pine108kell Senior Member

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    Bad science and bad ethics.

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