Friday, October 21, 2022 3:47:27 PM
It's potentially the most important case of all, because its claims are derivative and it challenges events from 2008 (though not to get them overturned, just to be used in calculating money damages due to the companies).
Unfortunately, derivative takings claims are on life support right now, having been dismissed by the CAFC. I really, really hope that the Supreme Court grants cert on the derivative takings claims. The government has until November 8 to deliver their reply to the plaintiffs' excellent petition, and we should hear whether or not cert is granted by late this year or early next year.
We have had many out-of-nowhere kicks in the rear by the court system. The Supreme Court denying cert would be yet another one. It would also kill the Kelly case.
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