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I did read the decision. My opinion is that the action was poorly executed, unless the point was to prematurely expend time and effort in an attempt to make case law in the absence of Diebold actually instigating a suit. IMO the would-be defendants should have waited and filed a counterclaim and 12(b)(6) motion. Case law probably would have resulted this way as well.

Also in footnote 11, the court notes that "Plaintiffs appear to have conceded at oral argument that their claims for injunctive and declaratory relief are moot and that a decision on their claims for damages will be a sufficient adjudication of their rights."

According to the decision, plaintiffs asked for and received $5,185.50 in restitution and unspecified attorney's fees, which I suppose could have been in the hundreds of thousands range if you spent too much on attorneys. The "hundred of thousands" of dollars were the result of a settlement and were not ordered by the court.



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