It seems Cameron and Tyler Winklevoss have exhausted every possible legal remedy. It is highly unlikely the Supreme Court will grant certiorari with no new or novel legal issues at stake. Whether their protracted post-settlemet fight was about positioning for more dollars or about a legitimate legal position we will never know. But it seems apparent Mark Zuckerberg has gotten the best of his Harvard classmates in the end (although at a settlement price tag of $65 million, the Winklevosses should be as upset as that appear to be).
At face value (and not knowing the details of the protracted dispute), it seems to overturn a negotiated settlement, as the “Winklevi” have sought to do, would do a grave injustice to courts’ long-held public policy to discourage litigation and encourage voluntary resolution. Parties want to know when it’s done, it’s done. No one wants to sign a release or pay a settlement and still fear the possibility they might not have extinguished liability or may not be fully compensated. Perhaps caveat emptor applies here; if you are buying peace be sure you know what you are buying.