After oral argument in Stoneridge Investment Partners v. Scientific Atlanta, most observers are predicting at least five votes against the third-party liability theory espoused by plaintiffs.  Here's the oral argument, here's Volokh, here's Scotusblog, and here's Bainbridge.  Of course, as the last of these observes, it all comes down to how the win is drafted.  I also thought the bi-partisan array of congressmen filing briefs in support of plaintiff was interesting.  I've done those sorts of briefs before, and getting Democrats and Republicans to sign the same brief is part of the challenge.  It also suggests that there may be a possible legislative override of an anti-third party liaibility opinion - part of the point of bi-partisan congressional amici is to make the Court aware of that prospect.

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