But, continued reference to the dissenting opinion does.
The majority repeatedly tells usapa that their questions are answered, both in the Addington verdict and Bybee's dissenting opinion, if they travel the same road.
The 9th straight up warns usapa, you get this passed, you will lose. Yet Cleary walks in calls Parker a liar, says he is not abiding by the 9ths decision, and has to be told by corporate legal he is making a fool of himself. Where did Cleary get the idea that the 9th gave usapa a free pass to do whatever they please? It certainly is not anywhere in the majority opinion, quite the contrary.
We will not get to DFRII. Know why? Because unlike the idiot Seham followers at usapa, the company knows how to read. However, if by some quirk of fate with the NMB mediator, or Judge Silver, usapa gets a DOH contract ratified, "unquestionably ripe DFR" does mean usapa will suffer the "pain" of that failure of its DFR.