Bondi v. Capital & Finance Asset Management S.A.

This appeal has changed dramatically (post-oral argument) as a consequence of an executed settlement agreement now awaiting approval in the Southern District of New York. Because this intervening event has materially changed the nature of an appeal that is presently on the verge of resolution, the majority’s affirmance strikes me as imprudent. Were it up to me, I would have voted to stay the appeal, while retaining our jurisdiction to revisit it, should the promise of final settlement not bear fruit. Even if I thought the majority’s discussion of the merits prudent, however, I would not think…