But a larger factor is simply the size of the potential claims, which are substantial.Ms Buchwald's most important ruling was to dismiss claims that banks conspired to manipulate rates, violating competition law.
The result of the ruling today was to dismiss a conditional guilty plea agreement that Mr. Hubbell, the former associate attorney general and once a close friend of the Clintons, entered into with Mr. Starr's office.
Meanwhile, U.S. District Judge Miriam Cedarbaum delayed ruling on defense motions to dismiss some of the charges, including the securities fraud charge against Stewart.
The Hartwig family filed objections, but on 10 November 1999 District Judge Solomon Oliver, Jr. adopted the recommendation to dismiss, ruling that "however hurtful the government's action may have been, they cannot form the basis of a claim against the United States".
The discussions are taking place while both sides wait for rulings on motions to dismiss all or parts of the lawsuits against Aetna, the Cigna Corporation and other managed care insurers.
The judge, Colleen McMahon, has questioned whether prosecutors have proved that a conspiracy existed, but she has reserved ruling on a defense motion to dismiss.
Mr. Arseneault said he objected to the judge's postponing Thursday's scheduled ruling on the motion to dismiss without first letting the defense see the new evidence.
"The superseding indictment contains almost entirely technical legal changes," Mr. Berke said, "in an apparent attempt to correct certain flaws prior to the court's ruling on our motion to dismiss the indictment".
In the months since, the Justice Department and defense lawyers have filed a series of court papers with Judge Brinkema debating the witness issue and the appropriate punishment to impose on the government, and a ruling from the judge to dismiss the case or throw out some of the charges against Mr. Moussaoui had been thought imminent.
