I respectfully disagree with some of what you said. According to the case. According to AAPT the case WAS filed in the california courts link to news I believe now Eric's attorny is asking for the case to be removed "to" the US Supreme court.
If the removal to the US court is approved, the case becomes a federal case, and then the SEC (a federal agency) will be more involved and look at what is happening.
It can't be REmoved from from the the Federal court since it isn't there yet. Idon't know what will happen but AAPT file in the State of California. When did it move to the Federal courts?