I&#x27;m not sure what comment you&#x27;re replying to, but I&#x27;m assuming it&#x27;s not mine since you&#x27;re not replying to anything that I actually said.<p>&gt; <i>No definitive decision, and the case was settled.</i><p>Both statements are factually wrong. I&#x27;m not saying I agree with the Second Circuit&#x27;s decision, I&#x27;m saying that there was a definitive decision, the case was not settled.<p>And I&#x27;m not sure a single appeal constitutes &quot;perpetual.&quot;