There is judicial safety in such "gotcha" technicalities. You can dispense with lengthy discovery, potentially conflicting precedents from earlier cases and all the vagaries of proving things like intent and motive. This was, I believe, an element in the Judge Royce Lamberth decision. I'm not trying to answer the remaining questions on appropriateness of that decision, just saying that a similar escape default option affected the outcome.
This is why I believe that the Delaware Jacobs, Hindes case is the only viable litigation that can lead to any resolution in sufficient time to stave off a liquidation in early 2018. The Perry Appeal is unlikely to deliver any victory dance with an affirmation of complaint. Its best case scenario would be a remand. Does anybody besides government want to go back to Lamberthland?
I find it alarming that the request for state supreme court review in Delaware and Virginia does not seem to have advanced one iota since Steele made his proposal to Judge Sleet, back last Winter. Yes, I know the consolidation matter was a complication, but that was settled in early June and, still, no action? This was the potential "technicality" that could have quickly discharged this litigation, one way or the other.
I am also very disappointed that no details have emerged about the amended filing that was supposedly entered yesterday. Maybe we will see some detail on Monday?
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