I think if SCOTUS meant for this to go down to the bottom court to start all over again, they should have dam well specified that. What I heard from SCOTUS was remand to the cicuit court Enbanc for damages, if any. Meaning make the frick'n damage determination and give plantifs justice! Quit denying and slowing the inevitable, just to give government more shots at CYA'ing.
If thrown back to the lower court and more discovery, then the lawyers should ask or demand that they add to the original complaints filed. Add illegal nationalization, 5th amendment takings, loan sharking and whatever else. Stack the charges as deep and convoluted as HERA. Why not? If you throw so many problems in the form of illegal practices with this at the courts, maybe they wont be able to construct a convoluted play on 3-4 words to destroy the whole premise.