They didnt miss it. WMI isnt abandoning the claim, they are trading down the claim for peanuts- Not nothing-- something small. Susman cant tell WEIL to agrue for more, if Weil does not want to.
Collyer needs a jury to decide. A jury trail is where Sussman can ply their strengths. So recall, Sussman conferred with WEIL in the early hours of this case and moved on. But, only to return by request of another law firm. They know the issues. They also know the work arounds.