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Re: hankmanhub post# 625108

Thursday, 08/31/2023 2:50:24 AM

Thursday, August 31, 2023 2:50:24 AM

Post# of 693906
I do not believe the defense attorneys were sloppy and simply forgot to Shepardize their case law. They had a difficult task and a likely an obscenely high meter, so run it out and force the other team to make the play. Or maybe they just tossed in the towel and handed the MTD to the JV team of 2 first year associates led by a 3rd year- still billable hours. In any event, the public policy defense they offer as an alternative is laughable

When the law is on your side, argue the law; when the facts are on your side, argue the law; when neither is on your side, argue public policy.

“Defendants resort to unsubstantiated scare tactics of an impending “flood” of “frivolous lawsuits” ?that would upend “the entire U.S. equity market system” if Plaintiff’s claims are sustained”

The public policy defense argues that Citadel has been such a bad actor for so long that it is now too big to fail?? Talk about tossing everything against the wall to see what sticks. I salute them for being willing present this at oral argument in front a judge while keeping a straight face.
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