Thursday, December 10, 2009

Johnson Asks for Jury Trial in New York Case

I believe there may be court rulings, in both Arizona and New York, tomorrow, in the Alcor vs. Johnson cases. I am not an attorney, and I can't even pretend to be able to predict how the courts will rule, but I don't think Alcor has made their case, from a common sense point of view. They keep rambling on about "trade secrets," but I think their greatest "trade secret" has probably been that they have been sending just about anyone off the street to perform femoral cannulations and perfusion, and charging $80K-150K for it. There's nothing "state of the art," about their performance of these well-established medical procedures, as far as I can tell. Personally, I think almost anyone, (especially a judge!) should be able to see that the most likely scenario is that Alcor is not afraid of Johnson providing trade secrets to their virtually non-existent competition, but is extremely concerned with people knowing just how disgustingly incompetent and amateurish their patient care has been, for the most part.

Johnson hasn't worked there for six years. He hasn't revealed any "trade secrets," as far as I can tell, so I would guess he's very unlikely to do so, in the future. In addition, Alcor publishes almost anything, and everything, about their activities, on the Internet. If I were the judge, I would tell them to quit wasting my time, and order them to reimburse Mr. Johnson for his legal expenses.

Johnson's attorneys arguments seem sharp, and to the point. In my opinion, Alcor's arguments seem vague and confusing, and sprinkled with rhetorical insults. They rely on things like an affidavit from Platt, which seems to indicate Johnson stole an NDA from his file. Most people familiar with that situation knows there is about a 99.9999% chance that was a blatant lie. I think I'll limit my comments on Wowk's affidavit, by saying his remarks about Johnson and "trade secrets" seem just as lame as the rest of Alcor's remarks on this topic. Was he even working at the Alcor facility, when Johnson was there, or was he at the 21CM facility, in California? My guess is, he was probably just "doing his job," as a member of the Kent Clan, in producing the affidavit.

I'm wondering if Alcor has been intentionally delaying this case, hoping Johnson would run out of money. It will be interesting to see what happens, tomorrow. If the NY judge doesn't throw it out, Johnson's attorneys have filed a request for a jury trial. There's nothing like airing everyone's dirty laundry, in public. I'm sure Johnson has his flaws, (just as all of us), but I'm guessing Alcor's laundry has a lot more stains, than his.

The New York court documents can be read by going to:
http://iapps.courts.state.ny.us/webcivil/FCASMain
Search for Index Number 113938/2009, and click on "eFiled Documents" at the bottom of the case page.

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