Dan-the 3rd Circuit already ruled in Drake, they essentially followed the 2nd and 4th Circuits, although some of the reasoning was different. But a loss is a loss. After the CA9 case, there's a case waiting at the NJ Supreme Court(Pantano,I believe it could be heard around May of next year). There's some other cases further behind at various state/Federal district court levels.
I think the odds of a win at CA9 are pretty good from what I heard from the oral arguments. Then again these Federal Courts sometimes don't like being the odd man out and just want to follow the others just so they don't create a split.
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