In an stunning display lacking intestinal fortitude, the 9th Fed. Circus, in an en banc decision, decided on narrow grounds-i.e. it wasn’t an “individual” but a group claim- to get out of this sticky wicket.  I was looking forward to seeing this one get the thumbs up and watching Uncle Eric start hyperventilating. Alas, t’is not to happen.

2012-05-07 [099-1] 9th Circuit Opinion

2012-05-07 [099-2] Post Hearing Judgment

And you heard about it here first!