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November 30, 2011 Update

The lead plaintiffs met with counsel on November 29, 2011. The group decided to Petition for Certiorari to the U.S. Supreme Court. It takes the votes of four Justices to accept a case for review. Only a small percentage of the petitions are accepted for review. Nonetheless, we hope with the strong dissent in the Seventh Circuit Court of Appeals coupled with four dissents of the decision for en banc review, and the merits of our case, our chances will be improved.

The lead plaintiffs met with counsel on November 29, 2011.  The group decided to Petition for Certiorari to the U.S. Supreme Court.  This means we will ask the Court to review the decision of the Seventh Circuit Court of Appeals.  It takes the votes of four Justices to accept a case for review.  Only a small percentage of the petitions are accepted for review.  Nonetheless, we hope with the strong dissent in the Seventh Circuit Court of Appeals coupled with four dissents of the decision for en banc review, and the merits of our case our chances will be improved.

The deadline for filing a Petition for Certiorari is February 8, 2012.  There is a thirty day response time and a fifteen day reply time.  This means the decision on whether to take the case will probably be made in late spring or early summer.  If the case is taken it would be argued before the Supreme Court during the term that begins in September 2012.  We will post the petition, response and reply as well as all decisions on this website.

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