Five Days Left: More Detail, From Mr. Balwani's Counsel -- He Does Expect There May Be A Separate Trial, On Wags Class Action In AZ...

The upshot from overnight filings (on a case we've not been following here), is that it may be that both Holmes and Balwani may have to defend additional federal civil trials in Arizona's district courts, for the damages Walgreens customers clearly suffered -- at the hands of the fraudulently-touted Theranos device.

Having said that, it is likewise pretty clear that most of the money to customers will come from Wags, itself under the settlement [Impertinent Questions Department: What was GC Jan Stern Reed's role in all of this (i.e., the allegations that Wags repeatedly "turned a blind eye" to the Theranos problems, in particular)?].

In any event, it may be a waste of time to get a judgment against Holmes and/or Balwani -- as they are already jointly and severally liable, personally, for nearly a half billion dollars in restitution. Money neither of them have -- or ever hope to have. So. . . I'd guess this is nearly the end of the line, in Arizona, as well -- as Holmes heads to Camp Bryan, Texas for a decade or so.

For what it is worth, here's the latest:

. . .Mr. Balwani’s counsel apologizes to the Court for any misunderstanding arising from his failure to file a Motion for Separate Trials on Monday, May 22, 2023. Counsel understood Mr. Balwani’s Motion to be made unnecessary by the Notice of Settlement, in which Plaintiffs and Walgreens asked the Court to “vacate the current schedule and stay proceedings pending the filing of a proposed settlement agreement.” Notice [Dkt. 577] 2:5-6.

The settlement as to Walgreens, if approved, will accomplish the severance that Mr. Balwani (and Ms. Holmes) intended to seek. And “vacat[ing] the current schedule,” as the Notice requested, allows the Court to consider the appropriate trial schedule for Mr. Balwani and Ms. Holmes in the course of re-setting case deadlines, if necessary. In the circumstances, counsel believed filing a separate motion to sever and stay would unnecessarily clutter the Court’s docket. In retrospect, counsel recognize that an explicit filing stating Mr. Balwani’s position would have been the better course. . . .

I suppose it might also be asked what another long departed Wags GC, Mr. Thomas Sabatino knew, and when he knew it -- on these same matters. It is all just. . . fascinating, here a decade later. [After all, though Holmes is broke, these retired Wags executives.. . clearly are. . . not.] Onward, grinning -- karma is, in fact. . . a wheel.

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