The Order vacating the stay (from SCOTUSBlog) says that they are vacating the stay based on what they have received to date. The Order points out that "'in a close case it may be appropriate to balance the equities,' to assess the relative harms to the parties, 'as well as the interests of the public at large.'" The quotes are from Conkright v. Frommert, 556 US __, __ (2009) (although, the Order calls Frommert "Fommert").
As pointed out by the SCOTUSBlog "the order stressed that 'a denial of a stay is not a decision on the merits of the underlying legal issues.'"
I take that to mean that the Court may still grant certiorari, so this may not be over yet.
Any settlement, barring a showing by the plaintiffs of lack of "good faith," would be either cash or securities from NewChrysler (or, if appropriate, some other defendant).
Tuesday, June 9, 2009
Probably Not Over
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