My WAG is (looking at it from MJW's point of view), she needs to climb out of the hole she has dug for herself regarding fair & reasonable opinion. If she has a modicum of intelligence (and I am sure she does) she has realized that her opinion is a major clusterf*** on her part, especially as the EC/Susman team have so succintly & effortlessly completely nuked her baseless argument since it was announced.
The 3rd circuit will add to her humiliation & put her future career in jeapordy. For that reason I believe she will deny 3rd circuit & grant discovery on the hedgies & delay everything until discovery is complete.
If Susman & Co have the goods (I am sure they do), this will ultimately give more power to the EC which in turn may make the appeal superfluous. Then as time goes by her dumba*se opinion will fade quietly into the background (she hopes).
tlo.
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