Tuesday, May 27, 2025 11:47:56 PM
I would expect Fisher would loose and SCOTUS not to take it on Cert? Do you have thoughts on this?
That is exactly my expectation. I listened to the oral arguments and the plaintiffs' case sounded very weak. Then again, oral arguments are rarely indicative of the final ruling.
The real winners in Fisher's case are his lawyers. They have taken him for a very expensive ride.
The only route for a different calculation of direct damages is only if the Berkeley Plaintiffs appeal in the Lamberth proceeding could advance - do you agree that it seems the Berkeley plaintiffs appeal includes a challenge to the damages calculation?
No agreement is needed from me; this is a fact. The plaintiffs' notice of appeal says (emphasis added):
The Berkley Plaintiffs appeal the District Court’s rulings and orders that merged into the final judgment entered on March 20, 2024, ECF No. 428, and that related to the denial of the Berkley Plaintiffs’ ability to pursue restitution, reliance damages, or damages based on future lost profits based on the discounted cash flow
Am I right that it seems like the Lambert Class Action plaintiffs are seeking an affirmation of Lamberth's order and the Berkeley Plaintiffs are appealing Lamberth's Order?
You're right, though they are two separate documents. I linkd to the appeal to the Court of Appeals for the DC Circuit, while here is a link to the requested affirmation of Lamberth's order.
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