Nordyke was essentially mooted by the defendant Alameda County at orals. In other words, they caved and gave up.
Because of this reversal of position by the County, there was no case or controversy. No case, no controversy, no decision, no precedent.
This case neither helps nor hinders any of the other cases at the 9th Circuit.
What remains to be seen is if Don Kilmer can recoup any fees for the last 12 years of litigation.
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