My understanding is that the D'Onofrio case has been dismissed-- not the Berg case-- although it probably will be.
On the other hand 'They' might just be ready to break the bank so to speak.
Hmm,
I'm actually inclined to agree with you, I may have had my facts backwards. Congrats.
Anyhow, any case hitting the Supreme Court if they have not been reviewed by another court is bound to failure. The Supreme Court is not a fact checking outfit.