Hey, somebody better take the 11th up to a higher authority, I don't like the tone in this reversal and remand too much:
Given the district court’s misunderstanding of the burdens in this case, and given that Chaban himself seems to have admitted at trial that Goldstein was entitled to some amount of credit for surrendering his interest in the Chalsi, we believe the best course is to remand for the district court to have an opportunity to reconsider its factual conclusions on this issue under the proper legal standards and then recalculate damages.In other news, yes the "higher authority" is in session today and a new documentary out by the Alliance for Justice says they are literally open for business:
“Today, as the Supreme Court begins a new term, the court will be ‘open for business,” said AFJ President Nan Aron. “The term is already packed with cases with the potential to restrict corporate accountability and limit everyday Americans’ civil rights and access to justice The Court’s decisions this term could have harmful consequences for the ability of consumers, victims of discrimination, and others to get a fair day in court.In other words -- blame Nixon.
“But no one should be surprised,” Aron said. “What we are likely to see in the term that begins today was decades in the making.”
(More here on the "1% Court.")