[Semi-OT]—Texaco was able to settle with Pennzoil for “only” $3B (about 30 cents on the dollar including punitive damages) because Texaco filed for bankruptcy prior to requesting an appeal. The bankruptcy filing was necessitated by Texaco’s having insufficient net assets (prior to the filing) to post the bond for the appeal.
However, the magnitude of the damages in this case, potentially billions, when related to the ability of defendants to pay, suggests to me this harm is also irreparable.
I've wondered for a while why A*'s (in)ability to pay for even 1x damages wasn't a part of the MNTA/NVS argument for irreparable harm.