Its possible a very strong statement will be made with regards to this precedent!!! This is new law, and under Parson's discretion. This is potentially powerful...it will be interesting, though I'd prefer resolution.
No, this is not new law but clarification. An no, it is NOT under Parson's discretion. All the Supreme Court said was that expectation damages CAN be found in the RIGHT cases where the damages can be determined with reasonable certainty and are not speculative. Parsons already opined in his opinion that expectation damages in this case WERE speculative, which is WHY he stretched to use estoppel and equitable relief (in error per the Supreme Court) to award damages to PIP of this magnitude. he already addressed the speculative nature of the damages under breach of contract/expectation dames theories. SIGA's press relief an hour ago pretty much summed it up
Your reasoning doesn't make sense. In your scenario, the supremes would essentially be telling Parsons not to award a single dollar. Because it's impossible to award anything, even $1, without it being considered speculative!