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Re: Lajrchamp post# 676617

Tuesday, 05/04/2021 8:14:50 AM

Tuesday, May 04, 2021 8:14:50 AM

Post# of 795794

The more difficult question is what remedy is due shareholders. Retroactivity is disfavored under the law, and in oral argument, the Justices (at least Roberts and Gorsuch) seemed chilly to any idea of such a remedy. Collins v Mnuchin wasn't brought as a 5th Amendment "takings clause" case and CJ Roberts asked why it wasn't (note to the lawyers: when you file a SC brief, cite every basis you can).



I don't see Gorsuch as chilly to any retroactive relief. It was Breyer who asked why it wasn't brought as a taking claim.

I agree that plaintiff lawyers went very light. These cases were mismanaged from the beginning. Should have been a slam dunk but the defendants got the better of the plaintiffs counsel. Plaintiff lawyers didn't ask for nearly enough relief.