Here's my take based on what I heard in court. Mr. Cohen told the judge unless she ruled for the defendants on the 2 key claims, which would basically end the case in favor of the defendants, the defendants would want all 8 claims ruled on.
The judge said something like, "OK, if these 2 claims are ruled as dispositive to the case, I won’t rule on the other [6] claims.” I immediately took that to mean that if she ruled for the defendants on the 2 key claims, she would NOT rule on the remaining 6 claims. So “dispositive” clearly means in favor of the defendants, and in effect provides a final resolution to the case. So IMO, if she ruled in favor of the defendants on the 2 key claims, the defense would probably make a motion for dismissal of the case and the judge would probably grant it.
On the other hand, if the 2 key claims are ruled in favor of EDIG, the defense and EDIG would want the 6 other claims ruled on and the judge would use each parties’ written briefs to decide them.
Maybe Profundo can give his opinion since he was also in the courtroom.
(IMPORTANT NOTE: I’m no lawyer, but I play one on Agoracom.)
