BBI, I don't think you understood my question. Part of what made the circuit reversal a precedent was their opinion on "matters of fact" vs "matters of law". Everything produced throughout discovery will be matters of fact. The appeals court ruled that in a jury trial the judge can not dismiss a suit because of how he/she interprets those facts. That's for the jury to decide. https://www.fyiplaw.com/wp-content/uploads/2024/12/CLB0533.pdf Sleven,
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