Important question.  Frankly I can not remember if the departed Js had privy to all the current defense claims.  I assume they did, at least in some formative shape, if not in detail. And some caved.  I suspect there might be some doubt about how much they knew about their defenses when they settled.  Now if there is presently a deserter, knowing full well exactly what their defense is, that would certainly speak volumes IMHO.   Opty