Court trial excerpts. Abbreviated.
THE COURT: So all the rulings and the jury trial
would be resurrected from the dead?
MR. JACOB: I believe that they would be.
THE COURT: Again, do you have any cases that
exemplify such a resurrection?
THE COURT: Do you have any cases that involve closely
analogous factual and procedural circumstances, that is, that
the ruling of this Court now, pursuant to the mandate, is that
there's no ripeness and the case is dismissed? So do any of
your precedents involve cases where ripeness has been found
lacking, judgment entered, and then later circumstances are
argued to create ripeness different from the circumstances that
led to the original judgment finding no ripeness and
dismissing? I'm looking for facts, cases with that procedural
context. Because looking through your cases, you cite a lot of
cases. I appreciate that. But I didn't really think I found
any that had -- that were horses of that same color and spots.
MR. JACOB: I don't have too much more to say. I
recognize that we're asking the Court to do something that I
couldn't find an example of a court having done before.