More on Northrop Grumman v. Factory Mutual

I blogged earlier this week about this case and thought about it some more. This case has kept pounding in my head like several incessant jackhammers on concrete. No wait, that would be the actual incessant jackhammers that construction crews are using outside my office building as they rip up the street, again and again, to put in yet another light-rail line. Nevertheless, this case has troubled me, so I read it again. And this further reading, I regret to report, has raised more questions than answers. Here's a pdf of the case if you care to follow along. As I mentioned, for some reason the briefing in this case on the court's CM/ECF electronic system is not accessible, which is contrary to the dictates of Congress. So I am unable to review the arguments the parties made, I hav