Well, pyrrhic wins have been the Modus Operandi of this bizarre Gubmint overreach. Maybe it's hard for federal Judges to rule against their Paymaster and a Jury would have no problem.
I believe that the standard is "reasonable certainty" in proving damages and listening to hours of "experts" explain how are shares have been stripped of all their Economic Rights and calculating a reasonably certain amount of damages may or may not be difficult for a Jury to grasp.
Clearly most Judges don't have fundamental accounting and finance backgrounds but they (like Jurors) remember the financial crisis and the hardships it wrought on millions of American Families.
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