Court Grants Plaintiff Hemispherx Biopharma
New Trial in Case Against Defendant Manuel
Excerpts from Order by Judge Albert
July 13, 2002
Upon consideration of Plaintiff's post trial
motion for judgment notwithstanding the verdict ("JNOV") on the issues of
whether Defendants defamed and disparaged Plaintiff and for a new trial on
issues of causation and damages or in the alternative for a new trial on issues
of causation and damages or in the alternative for a new trial on issues
('Plaintiff's post trial motion") and Defendants' response in opposition . . .
it is hereby ordered as follows. . .
3. Plaintiff's post trial motion in the
alternative for a new trial on all issues is granted as to Plaintiff's claims
against Defendants for defamation and disparagement based primarily on
the repeated violations of orders in limine and other obdurate and
contumacious and prejudicial misconduct by Defendant Manuel P. Asensio in the
presence of the jury; . . .
5. The court holds under
advisement Plaintiff's request for costs and attorney fees incurred in
connection with the original trial based on Defendants' conduct throught the
course of that trial . . .