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Wednesday, December 29, 2021 9:28:29 AM
I believe going forward procedurally the EnBanc Panel will decide whether or not to entertain granting a Summary Judgment for either the Defendant or the Plaintiff or kick it down to a trial judge to do a factual determination of damages.
If the later, what could be foreshadowing is which trial judge is assigned the case.
If there is a trial it could take awhile. Also there will be the losing side appealing to the 3 judge panel, then subsequently to the EnBanc Panel, and ultimately a Writ of Certiorari to the SCOTUS.
Ideally for the Plaintiff shareholders, a majority of the EnBanc Panel of Judges would opine that this federal government overreach has gone on far too long and provide the beleaguered shareholders with a bargaining chip to help end this decade plus governmental fiasco via a Summary Judgment.
Of course the government would appeal the Summary Judgment but the SCOTUS could deny the Writ of Certiorari.
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