Can Plaintiffs appeal the dismissal of direct claims to the Court of Appeals for the Federal Circuit?
Yes, and I expect this to happen. However, the appeals court could affirm the dismissal, in which case the plaintiffs' last resort would be the Supreme Court.
While I don't expect any of Sweeney's cases to go to trial (I expect a settlement on all of them beforehand), this weakens the negotiating position of the plaintiffs somewhat. Both pref and common.
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