We may well get the decision on the Summary Judgement on Wednesday. Any appeal will be heard within 30 days.
It's worth noting that the last time SMME went to the appeals court they won! I'm sure this will be clearly noted to the Judge.
Who will settle on a multi billion claim first? Well, Visa's 10k filing due mid November. MC due mid February both companies have enjoyed exceptional growth in recent times. I'd imagine they would want the numbers coming out of this year's reports and also avoid further scrutiny and explanation as to why the lawsuit has not yet been disclosed.