"The intervening loss of witnesses and evidence will likely make it impossible to retry," Scalia noted.
Martin has promised to retry the case, at a cost of further millions of dollars.
Now, her defense team has assembled a sharp appeal that could retry the case from top to bottom.
The Board of Trade will not retry the question of what is the right minimum rate.
c.1300, "examine judiciously, sit in judgment of," from Anglo-French trier (late 13c.), from Old French trier "to pick out, cull" (12c.), from Gallo-Romance *triare, of unknown origin. The ground sense is "separate out (the good) by examination." Meaning "to test" is first recorded mid-14c.; that of "attempt to do" is from early 14c. Sense of "to subject to some strain" (of patience, endurance, etc.) is recorded from 1530s. Trying "distressing" is first attested 1718. To try (something) on for size in the figurative sense is recorded from 1956.