I agree. Any casual observer would have to agree. they have been extraordinarily reasonable in their effort to advocate for the west. should they be called before the court, management may rightfully shake its head, spread its arms beseechingly, and declare that it argued for the plaintiff's in every available venue, legal or otherwise... and the court would agree.
if management is off the hook and silver is as enamored with management's legal counsel as she appears to be, then it's hard to believe she wouldn't give them what they want. that is a non judgement or a ruling with deference to the 9th circuit court of appeals.
it's a win for silver unlikely to be overturned on appeal.
after successfully navigating the minefield,this is management shortest path to realized synergies absent the legal accusations of complicity.