The Institutional Plaintiffs delivered their petition this afternoon asking the three-judge panel in the D.C. Circuit to rehear their appeal. The request is narrow, asking the judges to modify their ruling to make it clear that they did not abandon their common law claims. A copy of that petition is attached to this e-mail message. While Judges Millet and Ginsburg indicated in their majority opinion that Fairholme and other Institutional Plaintiffs had abandoned their common law claims, Hamish Mume, the lead lawyer representing the Class Plaintiffs, makes clear in a declaration attached to today’s petition that is not the case; rather, Mr. Hume explains, the Class and Institutional Plaintiffs acted in concert but attempted to spare the Court from redundant briefing.14-5243-1667742
