Well you hit all the salient points even as the "non-lawyer". The point is that I know from experience, that in many cases if the plaintiff gets over the Motion to Dismiss hurdle, that opens a whole runway for the plaintiff to run, and that often triggers a favorable resolution because the defense does not want to incur the costs or hand over the discovery. If this Appeal succeeds, it will be the most exciting time around here in a long, long time, because success here has the opportunity to restore some of that swagger obliterated by Judges Du/Dyk/Reyna.