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H. George Kagan Jun 17, 2025 a 6:33 am PDT
Very useful assessment! But a disconcerting outcome, one that requires the very piecemeal litigation the court is seeking to avoid, and worse, requiring the claimant to file a claim she (with a very reasonable basis per the facts we are given) believes to be unmeritorious! And it is not as though she must simply go through that step, worse, she will be responsible for costs for an unmeritorious claim.