Obit posted:
There are no identifiable "defects" in the Fairholme taking claims lawsuit in the US Court of Federal Claims that can be readily pointed out. What would such defects be in a takings claim lawsuit against the USA?
Chessmasters response:
By "defects" I mean that if we lost on "point A", then we could possibly still win by persuing "point B".
One advantage the Plaintif's seem to have: The Plaintiff's, even if we "lost it all" could file a somewhat similar lawsuit, perhaps even in a different state/district court, but while learning, and correcting the errors made in the previous suit.
This seems to happen because the plaintiffs do not necessarily argue every possible or plausable issue, but only the "best shots". And, there may be multiple "best shots" and the attorney needs to choose which he thinks are his best routes. He could also change his mind, sometimes after "discovery" reveals more information that he did not have available with the "old" lawsuit.
Of course, the government can appeal a shareholder favorable ruling to the US Supreme Court, where I assume all Federal District Courts are appealed. It would appear that the case would almost certainly be appealed regardless of the outcome, because the stakes are so high.
Im sure you are aware that the odds are very long against either side successfully appealing to SCOTUS, since most of the time the writ of Certiorari is denied and the case wont be even heard by SCOTUS.
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