Better go back and look at the non-trial in Phoenix. Your attorneys conceded that USAPA had not breached, its DFR responsibilities as it relates to arbitrary or discriminatory behavior. The whole case was predicated on USAPA's good faith responsibilities and even then the judge refused to instruct the jury as to the standard as defined by SCOTUS. It's no wonder the 9th Circuit dealt with the appeal the way they chose, citing the very definition and SCOTUS precedent where it was established.
If I were a betting man, I wouldn't trumpet anything that came out of that trial as it was clearly a results manufactured proceeding by an activist judge. You can bet your bottom dollar, those issues will be brought forth in the case before Judge Silver as well as your company's arguments to remove itself as a party to the Addington litigation as well as Wake releasing them as a co-defendant.
The first two requests your company makes in its suit have already been answered by the Ninth Circuit and they know that. Their last request to be indemnified presupposes so many sequential events that if Addington was deemed not ripe, there isn't a snowballs chance in hell that a court will act on its request.
When the Ninth ruled, that sealed the deal. It doesn't matter where any case goes, when it makes it back there, they will rule consistent with their just published opinion. It doesn't matter what 3 judges are pulled, courts at the appellate level do not rule or publish against themselves. The finality of their decision was evidenced when no judge vote in the affirmative on the En Banc petition. Judges at that level understand their is to much litigation in this country as it is, and do not engage in the back and forth you see in congress. At least the Appellate courts have maintained that level of respect for each other and the legal process.