“An interlocutory appeal could eliminate the need for these burdens with virtually no downside. Whichever view of the law is correct–Franchitti’s or Cognizant’s–the benefits of knowing that now are immense. If Franchitti’s view is correct, knowing that now may well facilitate case resolution via settlement. If Cognizant’s view is correct, the parties can avoid the burdens of litigating a full case. If neither party is correct–that is, if the Court fashions a middle ground–the case could be streamlined substantially and, again, case resolution via settlement possible,” read the joint appeal dated 15 December.
