Comment / Supreme Court verdict – don’t count your refunds yet

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The champagne corks were barely popped before trade lawyers started issuing a sobering message to their clients: winning the case and getting your money back are two very different things.

The Supreme Court’s decision gives no guidance on refunds.

As Justice Amy Coney Barrett put it during oral arguments, it’s set to be “a mess.” Justice Kavanaugh, writing in dissent, warned that the Court’s decision is likely to generate serious practical consequences, noting that refunds of billions of dollars would have significant ...