1.   Armstrong will decide later if the case should be certified as a class action for damages in a second phase that would be heard by a new jury.

2.   Attorneys for the Delta plaintiffs say they are still gathering evidence to determine if they will ask the court to certify the case as a class action.

3.   A judge would eventually decide whether to certify the case as a class-action lawsuit.

4.   Botley is expected to rule later this year or early next year on whether the case will be certified for class status.

5.   For one, the brief noted, the government has asked Judge Thomas Penfield Jackson to certify the case for the direct review by the Supreme Court.

6.   In the same order he certified the case for direct appeal to the Supreme Court.

7.   Jones declined to certify the case as a class action but ruled that additional patients may be added as plaintiffs later on.

8.   Judges in three states have questioned his fitness as an advocate and refused to certify his cases.

9.   Plaintiffs seek class-action status for their complaint, but a judge has to certify the case as a class-action suit.

10.   So it seems unlikely that Jackson will certify the case for consideration by the Supreme Court before the middle of next week.