Momenta Pharmaceuticals, Inc. (MNTA)

[mouton29]

<<unless the SC upholds, can the Appeals court (re) rule on the basis of existing filings (presumably using the clear error standard this time) or will we have to endure more filings>>

If the Supreme Court decides that the clear error standard was incorrect, it may "reverse and remand for proceedings consistent with this decision." I believe that is the usual phrase.

In such a case, I have to believe that there would be briefs filed, each side arguing (as they have done in the cert briefings) that their side wins under the clear error standard. I think at that point, the appellate court would decide the case based on the trial court record, considering the briefs.

When I get a chance, I will try and look at actual cases and see if the process conforms to this.