Tuesday, August 22, 2006

'Merits' Panel to Hear Motion to Strike 'Corrected' Briefs -- Victory for Objectors

The Second Circuit Court of Appeals has issued the following order on the objectors' motion to strike the briefs filed by the settlement parties in an attempt to "correct" their previous submissions, which included and made arguments on the basis of misleading information about the value of claims.

The Court said: "It is hereby ordered that the motion is referred to the merits panel / presiding judge."

In other words, the same judge, or three-judge panel, who will be considering our appeal of the approval of the settlement will be hearing our motion to strike. The consensus of legal experts is that this is a clear procedural victory for the objectors.


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