Taking TPL's lawyers declaration at face value, it appears as though my read on the Brown expectation and agreement is correct. Obviously, my read doesn't count, and only the Judge's does, but it sure seems that TPL should get a new trial as the judge seems to have looked at this very narrowly.

Both sides seem to have gone to the extreme. Brown claiming he's owed 3.5% of ALL MMP proceeds, not just TPL's half (plus expenses) as I would interpret it, and TPL is trying to say Brown should only get 3.5% of TPL's net profit AFTER expenses and distribution to others like Moore.

Neither position seems to be supported by the documents nor the understanding of either party at the time, yet we see a court order that awards one view vs. the other. If it's happening here, it can happen to PTSC as well. The best thing for PTSC IMO, is for TPL to honor their agreement with Brown and pay him the REAL amount he would have b een due, and for Brown to honor his agreement with TPL instead of trying to up the ante and take advantage of the court system this way.

http://www.scefiling.org/filingdocs/11005/64281/101297_BrownxDec.R.PenhallegonISOxMotionNewTrialx6x20x13.pdf