Amarin Corp Plc (AMRN)

[lettruthringout]

Shouldn't count as "real" cert grants.

Looks like two were granted

Court didn't hear any arguments, just said "hey, we decided a recent case that might have a bearing on your dispute. Look at that previous case we decided and see if that changes your mind"

It is a suggestion to the lower court that they may need to re-think their position but is not a reversal. But with Amarin, the Court has no just recently decided case ("for further consideration in light of" ) to point the lower court to.

Maybe in a way, it is the Court's fault for not being clearer themselves on the Graham criteria. Had they been clearer, the Court could likewise do a summary disposition of the Amarin case and reverse and remand as a breach of clearly established legal precedent. But those summary dispositions are rare (because the appeals courts should catch these).

And importantly, these summary disposition certs do not represent a commitment of future Supreme Court time. If SC takes Amarin case on a regular cert then they need to allot time for arguments, deliberations, and the writing of the decision. With the Summary Disposition certs there is none of that unless it percolates back up and taken by regular cert at that time.