
Brian
41.4K posts

Brian
@BurrbQ
all their life, radio listeners and Retail Champion Independent documentarian















@EnergyCredit1 This you?! "We have been shorting the hell out of Torchlight for years now....We have made $$$ millions in the process....We offset our borrowing costs by shorting elsewhere...Torchlight's days are counted." #Short #Fuked @nbhydrocarbons @johnbrda @Jweschristian




I think @nbhydrocarbons and their crack legal team forgot that $MMAT Meta Materials settled with the SEC, which is important for a number of reasons: - Any judge reviewing the NBH case has no discretion to not accept as fact the adjudicated settlement - The adjudicated settlement lays out that the Orogrande is worthless - It is a legal impossibility to get damages from me for the Orogrande, as its settled fact by a court that it is worth $0 sec.gov/files/litigati… $MMTLP The Adjudicated Fact of Unsellability. SEC Administrative Order, Release No. 11292, *In the Matter of Meta Materials, Inc.*, ¶25 (June 25, 2024), finds as a settled adjudicated fact: "Torchlight had no prospects to sell the oil and gas assets. Torchlight made no effort to lay the groundwork for a sale when it made the aforementioned statements. The company's records contain no evidence of any communications with specific prospects from any time in 2020 or 2021." The *SEC v. Brda* complaint, filed in federal court by the United States government on the same day, adds the CEO's internal confirmation: Brda had unsuccessfully tried to sell its largest oil and gas asset for years" and privately acknowledged that a sale "was not possible." *Brda* Complaint ¶¶75-76. The Legal Consequence Is Dispositive. Market value requires a willing buyer. *See Southwestern Bell Tel. Co. v. Garza, 164 S.W.3d 607, 625 (Tex. 2004) (fair market value is the price a willing buyer would pay a willing seller). An asset for which no willing buyer exists — adjudicated as fact by a federal agency — has no market value. An asset with no market value cannot be the basis for a damages award.b*Hurlbut v. Gulf Atlantic Life Ins. Co., 749 S.W.2d 762, 766 (Tex. 1987) (special damages must be proven with specificity and cannot rest on conjecture). Plaintiff seeks over $1 million for the loss of the Orogrande D&D Unit. The SEC has adjudicated that the entity holding that asset had no prospects to sell it, made no effort to find a buyer, and its CEO privately knew a sale was impossible — all before the period of alleged tortious conduct. The asset Plaintiff claims Defendant destroyed had no market value before Defendant said a word about it. Plaintiff cannot recover damages for the loss of something that was already worthless.














