mrkool the problem isn't whether its de novo. The huge problem I see is how does edig even get this to a de novo review or appeal. My understanding is they had to have filed a request for summary judgement against themselves back just after the judge ruled or had a trial and lost.
How do you see edig even getting to a de novo review. What do they have to do to get there because I don't think they can until they lose a case at this point. I think there appeal loptions have passed/