Re: Perry v. Lew – 14-5243-1624494 14-5243-1624476 14-5243-1624492
Treasury delivered its Supplemental Brief to the D.C. Circuit today. points to some arguments the government’s advanced suggesting that shareholders might not be on solid ground with their Administrative Procedures Act arguments. I’m not entirely convinced. A copy of Treasury’s Supplemental Brief is attached to this e-mail message.
Fairholme delivered some additional documents to the D.C. Circuit today to unseal some documents previously to the D.C. Circuit under seal. Copies of those papers are also attached to this e-mail message. treasury has filed its supp brief in perry and raises a crucial argument. treasury claims that federal govt can’t be sued for state law claims under APA. this argument is certainly not apparent from reading APA, but treasury cites cases. this in effect would insulate treasury from injunctive relief where it buys up shares in any corporation and does an unfair squeeze out merger. treasury also raises HERA 4617(f) as a bar but we could expect that. counsel usually cherry picks cases favorable to its claim; we shall see if hume has his cases to pick from |
Edwards v. PricewaterhouseCoopers – 16-cv-21224-0022
Two things happened in Edwards v. PwC today: — Kenneth G. Turkel, Esq., and Brad F. Barrios, Esq., at Bajo | Cuva | Cohen | Turkel in Tampa, Fla,, entered their appearances as counsel to the shareholder-plaintiffs; and — PwC asked Judge Moreno to reopen Edwards v. PwC today. Copies of the documents delivered to the U.S. District Court in Florida today are attached to this e-mail message. |