"Law is a lawyer-driven process." But, on the moral and ethical level, the dissent at the 11th circuit had it right. Sometimes a party is just not with-it. The law is supposed to look out for human interests. It failed, and it is a systemic failure. Lots of people will defend the indefensible. I won't.
Review my posts (among the bizzilion). I've been calling for and attempting to outline the changes to current law we need to insist upon as the best hope of preventing this in the future.
My point about the Schindler's attorneys is that they prepared sloppy briefs. No excuse for that.