Could the CAFC be holding the decision until Luckern retired? If the court new he was retiring in short order, I would not want to release a reversal prior to any announcement. It seems that he was highly regarded and releasing a reversal in a major case just prior to his retirement would not be fair. The timing might start speculation about his retirement that could be avoided by waiting a few weeks. Anyway, it doesnt really matter, but I am thinking we get the decision in the next few days.
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