Epilogue/Tangent: Now, Reality Is On File -- In Manhattan -- Refuting SBF's Mom's BS... Onward.

I wanted to wait until the government had its chance to reply, before even linking SBF's mom's filing -- seeking a new felonies trial, for her lil' boy. [One of my many backgrounders, here.]

That filing is -- to put it mildly. . . fatuous -- stem to stern.

The above (in my first line) is the only link I will offer for it.

Below, I quote at length from the AUSAs' cogent reply to it.

This is a perfect statement of the applicable felony laws, and a muscular argument against the boy's, and his mom's. . . wildly-narcissistic belief that the federal criminal laws should only apply to the little people.

Let's listen in / read along:

. . .The defendant was convicted of orchestrating one of the largest frauds in history, stealing more than $8 billion from the customers of his cryptocurrency exchange, FTX.com. The defendant represented FTX as a safe and trustworthy exchange where customer money was protected. In reality, the defendant covertly diverted billions of dollars of FTX customer money to his cryptocurrency trading firm, Alameda Research. He spent the money on Alameda’s expenses, speculative investments, and charitable donations, and used it to repay Alameda’s lenders, make illegal political campaign contributions, and enrich himself. The defendant’s misappropriation of his customers’ deposits was exposed in November 2022, when FTX declared bankruptcy after customers attempted to withdraw more money from FTX than the exchange had on hand, revealing a multibillion-dollar shortfall in FTX’s balance sheet.

The evidence at trial included seventeen witnesses, among them three cooperating witnesses who conspired with the defendant to commit fraud, other former FTX and Alameda employees, a financial expert who traced the defendant’s misappropriation and spending of FTX customer funds, and customer, investor, and lender victims of the defendant’s scheme. The Government also presented documentary evidence including portions of the FTX codebase, financial records, internal company emails and financial analysis, fraudulent balance sheets, the defendant’s tweets and testimony before Congress, and private messages between the defendant and his coconspirators. . . .

The defendant’s motion fails at every level. His three proffered witnesses -- Daniel Chapsky, Ryan Salame, and Nishad Singh -- were known to the defense well before trial, their potential testimony was either foreclosed by the defense’s own strategic decisions or is based on unsworn, post-conviction statements, and none of it would have been material to the outcome in any event. . . .

In essence, he personally repeatedly-confessed to these crimes, in sworn testimony before Congress, and in written tweets -- and texts to friends.

See ya'. . . [Stanford Law School] ma'.

Out -- this is a dead letter -- from his momma'.

नमस्ते

Keep A Positive Meditation -- That This Does NOT Turn Out To Be A NEW Ebola Flare-Up -- In Democratic Republic of Congo...

It seems there has been a hemorrhagic fever related death (once again -- suspected to be Ebola), in Kasai Province, DRC. [You'll recall that he last flare up was only declared over, in December of 2025.] CIDRAP reports that we are awaiting the results of definitive PCR tests -- but a handful of people there are sick, likely from contact with the one fatality -- which is presumed to be the index case.

Here's to hoping that it is not Ebola -- but even if it is "only" Lassa- or Marburg's -- the arrest will be much tougher, since Trump has taken away all funding for USAID. Damn. Here's CIDRAP on the latest, overnight:

. . .Media outlets in the Democratic Republic of the Congo (DRC) are reporting a possible outbreak of a hemorrhagic fever disease, feared to be Ebola, in Kasai Province.

One fatality was reported late last week, and there are several reports of sick people and a health clinic that is operating without gloves or other personal protective equipment. Local officials say testing of patients is underway, and they are awaiting the results. The DRC has not reported any new cases since September 2025, when 64 cases were identified in Kasai province. Forty-three people died in that outbreak. . . .

Onward -- resolutely, and back to the High Rockies, again to be with my mom -- starting Saturday. . . for a week (and to practice patience -- with rapidly-advancing Alzheimer's). Smile. . . .

नमस्ते

Hudson Tunnel Federal Slap-Down, For Tangerine 2.0 Forces... On Appeal.

So, Tangerine's appeal of his complete loss in Manhattan's federal trial courts here will not be heard until next year -- in all likelihood.

I love it! Here's that order -- and a bit:

. . .ORDER of USCA (Certified Copy) as to [46] Notice of Interlocutory Appeal, filed by United States Department of Transportation [et al.]. . .

USCA Case Number 26-0282.The practical effect of the challenged injunction is to leave [Trump's] DOT obligated to make regularly scheduled payments of millions of dollars to the GDC.

“[T]he loss of money is not typically considered irreparable harm” unless “the funds cannot be recouped and are thus irrevocably expended.” National Institutes of Health v. Am. Pub. Health Ass’n (“NIH v. APHA”), 606 U.S. ---, 145 S. Ct. 2658, 2659 (2025) (internal quotation marks omitted). While DOT asserts that, if successful on the merits, it will not be able to recoup its payments to GDC given that entity’s exhaustion of its resources, the record casts doubt on that assertion, indicating that (1) on March 12, 2026, the Court of Federal Claims is expected to issue a ruling in GDC’s case challenging DOT’s suspension of payments, and such a decision -- going either way -- may well end (or, at least, significantly narrow) the instant action; (2) DOT’s next payment obligation does not arise until sometime after March 12, 2026; and (3) in any event, DOT acknowledges that some of its payment obligations to GDC are pursuant to loans guaranteed by New York and New Jersey, which are not shown to be unable to meet their obligations.

Thus, because DOT fails to show the irreparable injury required to secure a stay pending appeal, its motion is properly denied on that ground. Cf. Care One, LLC v. NLRB, 166 F.4th at 343 (observing that court has “routinely -- even summarily -- upheld the denial of a preliminary injunction based on a movant’s failure to demonstrate irreparable harm without considering other requirements for such relief,” specifically, “likelihood of success on the merits” (internal quotation marks omitted)).

In the absence of any showing of irreparable harm, DOT must do more than show that the merits of its jurisdictional challenge are debatable to secure a stay pending appeal. See Mohammed v. Reno, 309 F.3d at 101 (suggesting, on stay motion, “probability of success that must be demonstrated is inversely proportional to the amount of irreparable injury [movant] will suffer absent the stay” (internal quotation marks omitted)). DOT has not done that here. . . .

"Inversely proportional". . . hilarious!

नमस्ते

I Promise: This Is The Last One, On This Largely Trivial Topic. Truly.

Based on the latest SpaceTrack data, Goddard's and NORAD's latest disclosures, we see that a few hours ago, whatever was left has fallen harmlessly into the Pacific due west of the Galapagos Islands -- a great distance to the west of. . . Ecuador -- in South America.

Here's ABC's confirming blurb, then:

. . .An old NASA science satellite plunged uncontrolled from orbit and reentered over the Pacific on Wednesday.

The U.S. Space Force said the Van Allen Probe A came in west of the Galapagos Islands.

Dutch scientist Marco Langbroek said all re-entries are difficult to predict, but this one was especially challenging given its eccentric, lopsided orbit. . . .

NASA expected some of the 1,323-pound (600-kilogram) spacecraft to survive entry, with most of it burning up in the atmosphere. The space agency put the risk of bodily harm at 1-in-4,200. . . .

Thankfully, that didn't happen. [Nerd confession: from yesterday's data, I had worked out a 3D / math curve, for where it might be passing overhead overnight -- and fit that to a Google Maps globe. (Mine predicted a splash into the ocean due East of the Philipines -- so. . . not perfect!) All of that last trek was on a nine degree angle, like a tipped hat brim, relative to the Equator -- to the South. And that in turn, put it almost exclusively over deep and warm ocean waters. However, it did make at least one additional complete orbit of the Earth, before "burning in".]

Truly -- I will let it go now [obviously, thankfully, with no fishing boats in that vicinity.] Onward -- grinning.

We will have 2025 year end lobby spend trends, starting either tomorrow -- or, if I get ambitious -- later this evening. Merck v. Pfizer, first. . . .

नमस्ते

Lassa Is Running Very Hot This Year, In Nigeria -- Particularly. We Need An Approved Vaccine.

Just two mornings ago, we mentioned the scourge of Lassa fever, now wracking four or five West African nations. Today, the excellent Outbreak News Today substack zooms in on. . . Nigeria. And the results are. . . grim, here only one-quarter in, to 2026. The virus spreads most readily, in the dry season -- and already 99 patients are dead -- with over 600 confirmed cases, spread all over the country. See my heat map, at right.

Here is all of that, but this virus is every bit the potent killer that Ebola has historically been. We need an approved vaccine -- and ring vaccination protocols, for contacts -- with vials, at the ready. And we need it. . . like yesterday:

. . .The Nigeria Centre for Disease Control and Prevention (NCDC) is calling for strengthened state-level response measures as Lassa fever cases continue to rise during the peak transmission period of the dry season. . . .

Cumulatively as of week 8, 2026, 99 deaths have been reported with a Case Fatality Rate (CFR) of 24.5% which is higher than the CFR for the same period in 2025 (18.8%).

Of particular concern is the increase in infections among healthcare workers, with 28 confirmed infections and 3 deaths recorded this season.

Lassa fever follows a predictable seasonal and geographic pattern in Nigeria. High-burden states are known, peak months are well documented. . . .

Now you know. And this too will be Tangerine's legacy -- tens of thousands of excess deaths, globally, due to his gutting of USAID. Damn him. Onward, resolutely -- just the same.

नमस्ते

UPDATED -- Revised Timetable Has Van Allen Probe-A Flaming Out, At Around Noon Tomorrow -- I Think...

In truth, I cannot be certain that I am reading this freebie-website's data correctly. It apparently collects NORAD tracking feeds, and updates them on the fly, about once every six hours. It seems to be a pretty cool place -- as a not-for-profit .org. [Prior post on this, here.]

In any event, its latest feed -- imaged at right from NORAD for the decaying orbit of Van Allen Probe-A, indicates about 11:50 am tomorrow, Eastern -- as burnin' time. We will keep you posted -- and we will check again early mañana -- to see if there are other updates:

...38752 | 2026-03-10 23:33:00 | 2026-03-10 23:36:40 | 2026-03-11 11:50:00.

For what it is worth, well. . . there you have it.

Smile -- even as nickel-sized hail falls noisily here at the moment -- soaked, but no tornadoes -- so all good.

नमस्ते

More Disconcerting News, Out Of The Island Nation Madagascar: Mpox Totals Still Rising -- Significantly.

Just one week ago, we reported on the first Mpox fatality, on the island -- a three year old little girl. Now we see that the total lab confirmed case count is approaching 400, there. [There were only five -- as of New Year's Day '26.]

Overall, there have been 53 deaths this year across Africa, from the virus just this year. Here's the latest:

. . .The Madagascar Ministry of Health reported an additional 55 laboratory confirmed mpox cases since late February, bringing the the outbreak total to 387 lab confirmed cases and no deaths since the outbreak began in December 2025. . . .

Cases have been reported in 27 of Madagascar’s 114 health districts. Clade 1b was isolated from sequenced samples.

In Africa since the beginning of 2026, over 9,000 total mpox cases, including 1480 lab confirmed cases were reported from 22 African Union Member States.

A total of 53 deaths have been reported. . . .

Now you know. "Not with a bang, but with. . . a whimper. . ." it would seem. Ugh.

नमस्ते

Head’s Up! Van Allen Probe-A -- 1,300 Lbs. Of Metal, Burning In — Later Tuesday: NASA

To be clear -- I am sure NASA is double-checking SpaceForce's work. And I think SAIC is generally competent -- but here less than 16 hours away from "burn-in", SpaceForce only gives a plus-or-minus 24 hour guess, on timing. That's pretty underwhelming, from a math standpoint. And the link SpaceForce gave NASA, for updated calcs. . . is actually a password-only SAIC logged site.

So, if it is going to hit your house. . . it is just gonna'. . . hit your house, pal. Crazy. Here's the more well-thought out piece, from NASA:

. . .NASA’s Van Allen Probe A is expected to re-enter Earth’s atmosphere almost 14 years after launch. From 2012 to 2019, the spacecraft and its twin, Van Allen Probe B, flew through the Van Allen belts, rings of charged particles trapped by Earth’s magnetic field, to understand how particles were gained and lost. The belts shield Earth from cosmic radiation, solar storms, and the constantly streaming solar wind that are harmful to humans and can damage technology, so understanding them is important.

As of March 9, 2026, [agencies] predicted that the roughly 1,323-pound spacecraft will re-enter the atmosphere at approximately 7:45 p.m. EDT on March 10, 2026, with an uncertainty of +/- 24 hours.

NASA expects most of the spacecraft to burn up as it travels through the atmosphere, but some components are expected to survive re-entry.

The risk of harm coming to anyone on Earth is low — approximately 1 in 4,200. . . .

In any event, while I do trust NASA, it may be that SAIC isn't supplying the best raw telemetry data. . . it might be a good idea to wear that hardhat, after about noon here US time, on Tuesday -- if you're going outside for lunch -- just the same. Grin.

नमस्ते

Awaiting A Mediation Schedule, Now -- In Merck v. Merck Lanham Act Litigation In USDC NJ...

Along with Judge Hammer, we await a schedule for this colossal mediation.

There are literally high-single-digit (to low double digit) billions at stake, to a certainty, here:

. . .TEXT ORDER:

The parties having agreed on the selection of Judge Hochberg as a mediator per their March 6, 2026 joint letter, on or before March 27^th, the parties will kindly inform the Undersigned of the date of the mediation.

So Ordered by Magistrate Judge Michael A. Hammer on 3/9/2026. (Hammer, Michael). . .

Onward, smiling.

नमस्ते

Tangent: The Iran War (However Long It Lasts) Will Not Be Kind To Bitcoin -- Or The Alt-Coins. Trust That. Get... Overweighted, Into Pharma.

Yes. . . it was a tumultuous day in the trad-fi markets. Oil was over $110 a barrel early, but as calmer heads prevailed (and realized that mostly affects China's supplies of oil), it is now around $88 and change. General industrial stocks were off early, but even they are moderating late today.

My central point here is this: in times of war and upheaval, it is generally true that pharma and life-science companies will far outperform the regular stocks -- and will out-run gold, and certainly will be safer than Bitcoin (or crypto- ones and zeroes, overall).

People will need life-saving bioscience solutions -- as we all age, independent of any war.

And with war, the medicines used "in the field" are always bought in vast supplies, by the Israeli and US forces [and stockpiled as reserves].

[Here think about antibiotics, IV bags, vaccines and. . . wound dressing kits.]

So -- as CoinDesk vainly tries to polish the BTC turd [early today, saying a long war favors BTC -- then reversing after Tangerine 2.0 said it could be a short war (CoinDesk claims -- three hours later -- that too favors BTC!?) do recall that it was over double where it is now, as recently as October 2025. [This is no safe-haven asset -- in fact, gold really isn't either -- but that's a story for another day.]

Do also note that cutting edge bio-science like that seen at above right. . . (and mentioned here, last week) for Huntington's Disease. . . has tripled, in just a week's time. And that is not fading with today's volatility. In fact, overall pharma was up about 2% all day today.

Sure, there will be some see-saw, but Merck, Moderna and Amgen (as examples) will NOT lose half their value in any six weeks on record.

Want a bet on safety,with fat dividends? And a proven decades long track record of high earnings?

Bet on the big life sciences names. . . though at the moment, I might shy away from. . . Pfizer.

You heard it here first [of course, do your own due diligence]. When someone touts an investment -- always ask yourself: "What is the REAL risk profile vs. the return possibility?"

And. . . "What are. . . the other alternatives, open to me?"

BTC. . . doesn't make the cut, in war times.

Out.

नमस्ते

Update: Abrego's Motion For Sanctions [And Damages!] Against The Noemites -- To Be Forthcoming, In Maryland... Per This Morning's Phone Conference With USDC Judge Xinis.

About time! This below means that the DoJ / DHS and ICE will owe Mr. Abrego Garcia a (large) payment for all the legal fees he expended, fighting for his right. . . to have. . . rights.

Mr. Hecker's firm will be reimbursed for what is easily at least a million dollars, here and in Nashville -- too. But Abrego and his family should also win damages, for being unlawfully ID-ed in Maryland court documents (including home addresses!) filed by the Noemites. This forced his family to go into hiding, after death threats were received at the home. Here's that order [and separately, Mr. Abrego Garcia has won the right to go to a church of his choosing (all details sealed) on Sundays, without any person on the government side disclosing any details about those private faith-based activities -- that order was entered in Nashville over the weekend]:

. . .PAPERLESS ORDER:

For the reasons discussed during today's recorded call, ECF No. 200 is DENIED as moot.

Plaintiffs' Oral Motion to Withdrawn ECF No. 211 is GRANTED, pending a renewed motion to be filed no later than March 23, 2026.

By March 23, 2026, the parties SHALL file a joint status report proposing a hearing and briefing schedule in connection with any supplemental motion for sanctions.

Signed by Judge Paula Xinis on 3/9/2026.. . .

What a topsy-turvy world these ICE folks have engendered with their. . . endless lawlessness. Damn.

नमस्ते

Updates, On Lassa Fever's Continued Spread, In West Africa...

We had last reported in 2016 on an elegant knockout approach -- at Oxford University -- to subduing Ebola. Lassa is a close cousin, though not quite as lethal as the Ebola virus. Still, it presents with high hemorrhagic fevers and not too infrequently, a spiral down and then. . . death. [In fact, a man who had traveled to Liberia last year -- returned to Iowa, and was diagnosed with Lassa. . . and even with the fine care, and facilities -- at the University of Iowa, ultimately succumbed to the virus.]

And so, building on that earlier Oxford work, the med school continues working on a protein-based Lassa vaccine candidate -- which is now in investigational trials, in Africa. We are hopeful that it will deliver high efficacy -- since the virus is known to be circulating in Liberia, Nigeria and South Africa. Here's the latest, from GAVI:

. . .Lassa fever kills thousands of people every year in West Africa, but many of those infections go undiagnosed until it’s too late.

With the Ebola-like haemorrhagic disease now emerging in hospitals from Iowa to Johannesburg and Beijing, it’s a problem that is pushing beyond West Africa’s borders.

A new study in Liberia, published by the Lancet Infectious Diseases, found that 11% of people admitted to hospital with fever who weren’t suspected to have Lassa fever, turned out to be infected.

The study authors argue this points to an urgent need for a clearer understanding of the symptomology and better detection and treatment. . . .

Among people admitted with fever with no clinical suspicion of Lassa. . . children and adolescents between 5 and 17 years old accounted for about 43% of confirmed cases, above. . . .

Now you know -- and, where is the USA [and USAID] on all of this? Damn.

नमस्ते

Geneva Convention, Art. 54: The Bombing / Destruction Of Drinking Water Facilities... Is Clearly To Be OFF-LIMITS.

This would have been unthinkable (of LBJ / Nixon) -- even in the darkest days of Vietnam (and was last widely employed by Nazis, in 1945 -- as they were being run over and routed -- at the end of WWII).

Here tonight, we see the US is indisputably "looking the other way", as Israel targets desalination plants -- in Iran. This is a desert nation, and its drinking water comes from taking the salt out of. . . the sea water.

That is -- the bulk of its civilian population. . . will be dead -- in weeks -- without these industrial scale desalination plants. [And this is a deplorable echo, of the Israeli forces pouring concrete down the drinking water wells, in Gaza -- just two years ago.] These are. . . unmistakably. . . pattern act / war crimes.

Even if the US is not itself firing the missiles and dropping the bombs -- it is complicit in letting Bibi do these unspeakable horrors. History will not be kind to Whiskey Pete Hegseth, Lil' Marco Rubio, and Tangerine 2.0. Nor Bibi. Specifically, this is the Article of the Geneva Conventions at issue:

. . .Article 54 – Protection of objects indispensable to the survival of the civilian population

1. Starvation of civilians as a method of warfare is prohibited.

2. It is prohibited to attack, destroy, remove or render useless objects indispensable to the survival of the civilian population, such as foodstuffs, agricultural areas for the production of foodstuffs, crops, livestock, drinking water installations and supplies and irrigation works, for the specific purpose of denying them for their sustenance value to the civilian population or to the adverse Party, whatever the motive, whether in order to starve out civilians, to cause them to move away, or for any other motive. . . .

Who are. . . these. . . evil men? This cruel insanity must be reigned in, by our Congress -- as Trump himself is now the senile vassal -- of Bibi. Damnation. Out.

नमस्ते

Trump "Couldn't Be Bothered" To Obey Military Protocol -- And Take His Hat Off. Damn.

Though, for me -- the idea that the bodies of the fallen were "held" on the plane, on the tarmac -- from about 2 AM Friday morning, to yesterday afternoon. . . is the most disgusting aspect of it all.

At least three times during his two terms, President Obama rose at around 1 AM, to meet a plane at 2 AM, promptly arriving to stand at attention, during the fallen troops' transport -- at Dover AFB. That was when the planes landed -- and the dead should not be housed (like beef), in a locker -- until Tangerine 2.0 can get around to fitting them in to his golf / campaigning schedule. Damnation:

. . .The transfer is considered one of the most somber duties of any commander-in-chief. During Saturday’s event, the president wore a Trump-branded “USA” golf cap. Cellphones were not allowed during the entirety of the dignified transfer. . . .

Those killed in action were Sgt first class Nicole Amor, 39, of White Bear Lake, Minnesota; Capt Cody Khork, 35, of Winter Haven, Florida; Chief warrant officer 3 Robert Marzan, 54, of Sacramento, California; Maj Jeffrey O’Brien, 45, of Indianola, Iowa; Sgt first class Noah Tietjens, 42, of Bellevue, Nebraska; and Sgt Declan Coady, 20, of West Des Moines, lowa, who was posthumously promoted from specialist.

The families of the six army reserve members were present during the transfer. . . .

I truly have. . . no words. Damn. This dishonors their sacrifices -- and the families of the fallen.

Indeed, “…Shape without form, shade without colour,

Paralyzed force, gesture without motion…

Is it like this

In death’s other kingdom

Waking alone…”

TS Eliot was spot-on.

नमस्ते

Updating Our Assessment -- Of Moderna’s Prospects…

Back in November of 2024, we first offered our comprehensive assessment of what was then deeply undervalued Moderna. Our assessment is that it still remains undervalued (but now by less than 30%).

That said, on November 18, 2025, it was trading down around $22 a share -- during peak lunacy from RFK on vaccines, generally.

Here in early March 2026, Vinay Prashad has once again left / been pushed out(?) of FDA for the second time in a year -- after spouting nonsense about various bioscience matters. That is good news, if long overdue, for all vaccine makers, but especially Moderna.

And so, we noticed that Moderna is now up over 130% since November of 2025, trading above $57, early last week (but pulling back a touch, to $52 by Friday).

Even so, we stand by our original analysis / conclusion -- that the stock is worth closer to $85, when fairly valued for the long-lived vaccine franchises. RFK's lunacy about vaccines will fade in time, and while it is unlikely that Moderna will return to the $448 level it saw in the chaos of Covid in 2021, $100 a share is possible -- once sensible science takes full-hold again.

Here is that news on Prashad, but do not be afraid that Moderna has reached overvalued stage. . . the firm still has quite a ways to run:

. . .The Food and Drug Administration's embattled vaccine chief, Dr. Vinay Prasad, is once again leaving the agency — the second time in less than a year that he's departed after controversial decisions involving the review of vaccinations and specialty drugs for rare diseases.

FDA Commissioner Marty Makary announced the news to FDA staff in an email late Friday, saying Prasad would depart at the end of April. Makary said Prasad would return to his academic job at the University of California, San Francisco. . . .

It is truly unfortunate that ill-informed political winds still are endangering the health of American children, but hopefully that time is coming to an end. And with it, Moderna's RSV vaccine, and mRNA vaccine makers generally -- should flourish. Onward.

नमस्ते

Unfortunate News: ESA's Solar Coronagraph / Twinning Mission Has Lost Touch With The "Camera" Component / Spacecraft...

The very bad news is. . . that the batteries are likely drained -- based on the time since a confirmed sun-facing attitude, for the heavier "photo-shooter" component.

Here is the latest, from last night -- at the European Space Agency:

. . .The anomaly caused an apparent chain reaction that prevented the Coronagraph from entering safe mode and led to a "progressive loss of attitude," the ESA update said. The change in orientation pointed the spacecraft's solar panels away from the sun, quickly draining its batteries and triggering a "survival mode."

As they search for a cause, mission operators are investigating how they might safely steer the Occulter probe closer to the Coronagraph to assist in diagnosing the issue and reestablishing contact. ESA officials said they will provide updates "as new information becomes available. . . ."

The Proba-3 spacecraft entered [a] precise station-keeping formation in May 2025, demonstrating for the first time ever the ability for two spacecraft to remain in such synchronicity. Then, in June 2025, the mission captured its first photos of an artificial solar eclipse.

Now, ESA is trying to determine what exactly went wrong last month. "The root cause of the anomaly is under investigation, and mission teams are working hard to recover the situation," the agency said in an update on March 6. . . .

Here's to still-hoping for a good outcome -- but normal solar battery chemistry / physics would tell us that that is now. . . unlikely. The clock has wound down. Onward, just the same [and I think we can officially declare MAVEN, at Mars. . . DOA, for NASA.]

नमस्ते

In Merck Vs. Merck Name Fight -- Global Mediation Ahead -- Trial Date Temporarily Stayed... [Power-Alley]

I am well-gratified to see this (finally). It has been a long time coming, but it makes a lot of sense. And it may yet. . . fail.

But. . . in at least some important ways, this federal Lanham Act name fight. . . is a humongous. . . "divorce" -- and subsequent splitting of IP assets. A mediation allows both sides to win on certain points -- and concede some -- without losing it all. Not a "zero sum game." Or, so it is hoped. Here's that:

. . .Dear Judge Hammer:

We, along with Sidley Austin LLP, represent Plaintiffs Merck & Co., Inc. and Merck Sharp & Dohme Corp. in the above-referenced matter. We write on behalf of all parties to submit this joint status report regarding the selection of a mediator pursuant to the Court’s February 19, 2026 Order. (ECF No. 316).

The parties have met and conferred and agree to the selection of Judge Faith S. Hochberg as mediator for global mediation.

Each side has counsel who are familiar with Judge Hochberg through her longstanding presence within the legal community. The parties have disclosed to each other specific circumstances of the prior contacts described below and agree they do not present any conflict to this mediation.

Plaintiffs’ counsel had a brief contact with Judge Hochberg for the Malaysia case between the parties in December 2023. Plaintiffs were looking for an expert on New Jersey contract law for that matter. Plaintiffs’ counsel asked Judge Hochberg whether her consulting services include such expert work. She was not able to take on that engagement. No documents or substantive information were shared with her, and no further discussions occurred.

Defendant’s counsel, Judge Stephen M. Orlofsky, knows Judge Hochberg, as they were colleagues and friends on the bench. Since leaving the bench, Judge Orlofsky and Judge Hochberg have sat on arbitration panels together. All of those arbitrations are concluded and involved different parties and different issues. Judge Orlofsky has never discussed this case with Judge Hochberg and does not see any of this as presenting a conflict.

We appreciate the Court’s assistance with this matter. . . .

This is a genuinely. . . encouraging development -- in the decades of open litigation, around the globe. Onward.

नमस्ते

It Is A Complex [Indicative] Ruling -- But It Means The Minn. Federal Class Action, Against Noem/ICE Continues...

As expected, the able District Court Judge Menendez has ruled, this evening.

She has given the upper court [Eighth Cir.] the ability to dispose of the appeal -- which is always preferred, where no live issue still exists, as the basis for the appeal.

Sorry, Noemites -- you are going to lose -- again. From the indicative ruling then:

. . .Defendants’ arguments to the contrary are unpersuasive. First, Defendants emphasize that the Injunction covers plaintiffs who “record, observe, and/or protest Operation Metro Surge and related operations that have been ongoing in this District since December 4, 2025.” (Id. at 81 ¶ 1 (emphasis added).) But Defendants’ focus on “and related operations” strips this clause of its context. The plain language of the Injunction -- both in its discussion of the Court’s limitations as to breadth and in the decretal language -- clearly ties it to OMS, which is now over. Moreover, Defendants’ reading would vitiate any temporal limit whatsoever on the Injunction, which is far from the limited order the Court intended. . . .

Defendants oppose dissolution of the Injunction because Plaintiffs refuse to dismiss the case as a whole. They argue that “if the preliminary injunction is moot, then so is Plaintiffs’ First Amended Complaint.” (Dkt. 245 at 5.) According to Defendants, Plaintiffs are engaged in a “gambit” designed “to evade a potential adverse decision from the Eighth Circuit.” (Id. at 7.) Defendants’ argument that the case as a whole suffers from the same mootness issues that Plaintiffs ascribe to the Injunction is not without some force. It is not yet apparent whether there is, in fact, any daylight between the Plaintiffs’ assertion that the Injunction is moot and their anticipated position that there nevertheless remains a live case or controversy in the Amended Complaint. However, the issue of whether the entire case is now moot is not currently before the Court, and the Court declines to address it prematurely. Should the Eighth Circuit remand this matter to this Court so it can grant a motion to dissolve the Injunction, nothing will prevent Defendants from then arguing that the entire case should be dismissed on mootness grounds as well. The Court will cross that bridge when it comes to it. But the tension in Plaintiffs’ position on these issues does not preclude a finding that the end of OMS has rendered the January 16 Injunction moot. . . .

For the reasons stated herein, IT IS HEREBY ORDERED that:

1. Plaintiffs’ Motion for an Indicative Ruling Pursuant to Federal Rule of Civil Procedure 62.1 (Dkt. 237) is GRANTED.

2. Pursuant to Rule 62.1, the Court indicates that it would grant a motion to dissolve the January 16, 2026 Preliminary Injunction (Dkt. 85) as moot if the Court of Appeals remands for that purpose. . . .

The injunction is at an end, but the case continues in the trial courts -- and the Eighth Circuit appeal is going to be dismissed, as the DHS/ICE appeal is now of a non-existent injunction. Got that? Cool.

To be clear, among other things, the plaintiffs are still owed damages for ICE's past violation of their free speech and assembly rights -- as well as the right to orders against any additional lawless ICE/DHS sweep operations, aimed at the same protesters/detainees (sans warrants).

Onward.

नमस्ते

[U: Jurors' Notes] I'll Bet Martin Shkreli WILL NOT Be Called For The Second Trial -- Jury Deadlocked. Wow.

Of course, since the indictment alleges a three count set of felonies -- there will be a retrial. Bank on that.

[Trivially, here are the jury instructions, as given. Heh.]

The jury indicated it could not come to a verdict. And forgive me -- but as of last night, I was wondering about a guilty as to the other two charges, and an acquittal (actually, a nullification) as to the alleged crimes against Martin Shkreli, himself.

We shall see -- but that may mean that Martin won't be a state's witness, next time:

. . .Minute Entry for proceedings held before Judge Jacqueline Becerra:

Jury Trial as to Kevin Patrick Mulleady held on 3/5/2026. Day 4.

The Jury continued to deliberate and were given the Allen Charge [to keep deliberating]. . . .

Mistrial declared as the Jurors could not come to a Verdict. Trial completed. Jurors released.

New Trial to be set.

Total time in court: 7 hour(s).

Attorney Appearance(s): Jonathan Jacobson, Felipe Plechac-Diaz, Elizabeth Blair, Evan Lewis Kuhl, and Kathleen Ellen Mollison. . . .

My observation: The jurors' handwritten notes plainly confirm that they were deeply, irretrievably. . . divided, even after 10 hours.

Onward -- now you know -- the truth will always be far stranger. . . .

नमस्ते

If No Trial Court Ruling Comes This Evening, In Minneapolis On The Class Action Against ICE & Noem... The Eighth Cir. Will Then Resume Appeal Briefing Schedules...

We will check back in after dinner tonight, to see if the district court has made an indicative ruling on the preliminary injunction, here.

This is to address the lawlessness by ICE/DHS under Bovino and Kristi Noem [both of whom have been relieved of their duties now] -- lawlessness that culminated in the senseless deaths of Ms. Good and Mr. Pretti. This was a time completely out of control of the rule of law, in Minnesota. Here's the latest:

. . .JUDGE ORDER:

After consideration of Plaintiffs-Appellees’ Motion to Stay Proceedings [5608452-2] and the Government’s response, the Court will hold this appeal in abeyance until March 6, 2026 pending an indicative ruling by the district court on a motion to dissolve the preliminary injunction. See Fed. R. Civ. Pro. 62.1.

If no indicative ruling is entered by that date or the district court denies such a motion, the appeal will proceed in due course.

Judge Stras would deny the motion to stay the appeal. Adp Jan 2026 [5609632] [26-1105]. . . .

Now you know. Onward, resolutely -- just the same.

नमस्ते