It does seem to be skirting an issue of intent. Glaub can't make a 'claim' because there's not a system in place for any such claim to be a real claim. His pro

It does seem to be skirting an issue of intent. Glaub can't make a 'claim' because there's not a system in place for any such claim to be a real claim. His protest as such is that he believes such a system should exist. Does he have an expectation that somehow a payment will be made, or not? I do see the point that if the court says, well, the jury has to decide that point, and then refuses to direct the jury to decide that point, that's a problem too.