They're not in talks over the summary judgment. That's for sure. They have a judge ready to rule on that issue. They voluntarily continued the hearing today to allow "global" talks to continue. That's what they said. Doesn't guarantee they will succeed, but if not, the judge will rule on the SJ next week.
You probably missed the importance of the $4b decision. It is not simply $4b dollar amount. If it is ruled, it could mean things like fraudulent conveyance of assets, etc... and open up wormholes for other suits/claims against FDIC and JPMC.
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