Could he?...I`ve always thought it conceivable that Fogel could rule ``conditionally`` for Higgins, maybe that`s a poor choice of words, perhaps this is better - Allow for Higgins testimony, but only in regards to certain issues.

My streak of logic (?) is based on the fact that Lloyd didn`t rule all or nothing, he allowed and disallowed certain request. Maybe simplistic, but I could see Fogel doing something of the same here.

/Not of legal background, but believe all these legal grapplings can occur in grey areas.

Regards