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Wednesday, January 19, 2022 2:04:28 PM
I think it’s likely DC Circuit & the USCFC pushed “hold” on their statuses, once Fifth agreed to the unusual inter-remand Oral. But I think both courts will hear the oral argument as ‘no effect’. That’s how I heard it. Collins most likely remanded without anything added to the SCOTUS instruction for determining “compensable harm”.
I doubt DT letter will be given judicial notice at any court, nor do I think it is automatically excludable under federal rules of evidence. Ds know admissibility is quite feasible so the case is now ‘weightier’ for Ps. Its leverage, for now.
Presumably both USCFC and DC will immediately review today’s discussion and move forward. At *best* the DT letter is only circumstantial and tangential relevance value to the taking & bad faith.
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