For those interested in the ongoing case study re: Rossiclown, IH & Co. dropped a thanksgiving surprise for him with a Third Amended Answer and Affirmative Defenses, which includes all attachments (which on first take appear to be the same attachments as provided in the original filing). These have made fun reading, especially the ruling documents from the court. Each one of the rulings to date has been painting Rossiclown inexorably into a painful corner.
One of the things that IH has made clear is that they do not believe the E-Cat has ever made excess heat, and especially at the levels claimed by Rossiclown. There assertions are based in their new (as in they were bamboozled by Rossiclown via Fraud; thus the Counter-Suit), understanding that all his tests were rigged. And also, that tests by 'others' were, as it has turned out, flawed. And, when they got him isolated in N.C., with the 1MW and other constructs, he could not personally demonstrate any excess heat given months of trying, which they assess as being due to being required to be monitored and interact with real engineers and experimental scientists using unflawed calorimetric techniques. This is why they believe he embarked on the Doral adventure, such that he could get the "1MW" plant to an environment that he controlled, and thus make the results whatever he wanted (again), as he had done in Italy based "testing". Based on this, Rossiclown is facing real danger regarding the Counter-Suit. IH has alleged Fraud and Deceptive practices by Rossiclown and his immediate associates. The Counter-Suit is actually two, one against Rossi-Clown & his lawyer/business buddy Henry Johnson, and one against his supporting cast, Third Party persons (Penon, Fabiani, the mysterious Mr. Bass, etc.). It is likely, given a ruling by the Court to Deny the Third Party request for dismissal, that someone is going to roll over on Rossiclown. https://www.pacermonitor.com/public/case/11135976/Rossi_et_al_v_Darden_et_al
It is no wonder that on the Rossiclown Sock Puppet Show (otherwise known as his JONP blog), he has more and more been bringing up "Settlement" via his Sock Puppets.
As I understand, this filing by IH, now provides him a hard mark of two weeks for his next filing. This Third Amendment by IH was in response to Court Directives to clean a few items up. So it may be that this part is done (and it only regards the Answers and Defenses against Rossiclown), and all that is really left is the Court Ruling on Third Party persons combined Motion to Dismiss the Counter-Suit claims against them, (Rossiclown's was already denied by the Court in total), and Rossiclown's official answer, which should be due two weeks from the Denial of Motion to Dismiss the Counter-Suit ruling (Dated 16 Nov, 2016), or Wednesday, next week (Nov. 30th/1 Dec.). If I am wrong, and the clock has started anew, based on the Third Amendment filing by IH, then Rossiclown's answer would be due two weeks from now, or about the 8th of Dec.
Rossiclown's reality is appearing to be in great danger. I am seeing three outs:
1) He seeks a settlement and gives back all the money (plus potentially a making amends penalty) and possibly forced to admit he was a fraud. This option allows him to avoid further court costs, and ultimate risk regarding the Counter-Suit. It also helps cover the asses of his buddies. The real problem with this one is his demonstrated Ego, and the apparent point that he has already spent the bulk of the money on Real Estate purchases in the Miami area.
2) He presses on and claims complete ignorance or lack of competence resulting in him believing in what he was doing. In effect the 'insanity' defense on the Counter-Suit. This will not however address the posed fraudulent activities and falsifications that IH has presented. The outcome here would still probably be give back the $$$. Option two addresses the Counter-Suit, as given the current positioning of the case; half of Rossiclown's complaint counts were Denied and Dismissed by the Court, and that he is trying to argue legal contractual technicalities vice address the heart of issue, Fraud, it is not likely the remaining counts in his suit will play out in his favor.
3) He ditches and flees the U.S., seeking to establish himself elsewhere either to live off what he has amassed from IH, or even try another scam run. At this point, I think it likely he goes dark vice stay visible, unless he really is insane. Where being insane is a point on which the jury is still out in his regard. The most probably indicator of this would be him divesting of his Real Estate buys, unless he really (incorrectly) believes they are legally shielded from the Counter-Suit; which would not surprise me given how clumsy he has been so far in the legal realm.
All in all, this saga is really an interesting story no matter which side of the fence you sit on. It has components of the great fraud stories and human nature that are fascinating. We are all going to learn something from this, no matter the outcome. While I am firmly in the camp which believes Rossiclown has doomed himself finally with ego driven overreach in his scams, I think I will still learn something regarding the extent how much this is true and in what way. I am also man enough to admit that there remains, if bizarre and extremely unlikely, chance that Rossiclown does have something, just without the grandeur he has been claiming (For the record, I am not holding my breath on this perspective).
The development of atomic power, though it could confer unimaginable blessings on mankind, is something that is dreaded by the owners of coal mines and oil wells. (Hazlitt)
What I want to do is to look up C. . . . I call him the Forgotten Man. (Sumner)