Wednesday, August 25, 2021 9:46:32 AM
Which appeals court?
Federal Circuit which oversees the COFC.
And which specific case(s) are you referring to?
The cases appealed to the Federal Circuit but after their ruling could also affect other cases.
Also, if an appeals court "concur[s] that a nationalization occurred", they would presumably be concurring with that same finding by a district court. Which court, and in which case?
Not necessarily.
the remedies available are different in different courts.
Why would they be different? As far as I know only one court initially hears cases and controversies against the government for a takings. That final ruling could affect other cases in other courts.
Part of the definition of nationalization is that the government has both de facto and actual ownership of the companies.
So you are saying there was no nationalization. Then what was it? A re-nationalization? An exaction? A breach of implied covenants?
Extinguishing the shares and removing their economic value are two very different things.
Extinguishing shares is just a process. Not sure it means anything if there isn't any economic value due to the shares.
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