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Wednesday, December 29, 2021 9:28:29 AM
Great analysis, thanks for taking the time and contributing! There's no question that the 5th Circuit is probably the best Circuit for the shareholder Plaintiffs to have their claims for relief from the unconstitutional removal restriction in HERA.
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.
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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