SJ Evidence and Argument in NY Due October 29
The parties have jointly requested by letter that with respect to the Summary Judgment motion on the Noerr Pennington issue in New York they be allowed to submit evidence by October 29th with 10 pages of argument. You can read the request here:
Letter Re: Noerr Pennington SJ Motion
The October 29 date isn't a surprise, but I was wondering how the parties would arrange to put some argument around the evidence, because, as I noted in this article, there is a fair question as to whether the alleged toluene-pterostilbene evidence, if it exists, would go to the issue of objective baselessness or bad intent, which, I think, would be decisive.