Month: November 2018

The Third Circuit released its opinion this morning, “reject[ing] the shareholders’ challenge on all fronts” because it “would restrain or affect [FHFA]’s exercise of its powers as conservator.” A copy…

WHOA! One of the truisms of judicial review is that judges don’t take a case unless they have to. This applies even more so with respect to rehearings en banc.…

17-20364-00514719656 The Fifth Circuit entered an order yesterday granting the parties’ rehearing requests and permitting oral argument. Appellant briefs are due by Dec. 12, 2018, and responsive briefs are due…

Fairholme, Arrowood and the Class Plaintiffs tell Judge Lamberth there’s no reason to reconsider his Sept. 28, opinion because FHFA is advancing “a misguided attempt to rehash old arguments and…

Mr. Angel filed a response this afternoon to FHFA’s objection to his request to file a sur-reply, and a copy of that filing is attached to this e-mail message. 18-cv-01142-0023

The Fisher and Reid Plaintiffs filed their supplemental brief opposing the government’s omnibus motion to dismiss, and a copy of that filing is attached to this e-mail message.  These shareholder-plaintiffs…

Treasury and FHFA sought and obtained an eight-day extention to file their responsive briefs in the Eighth Circuit, and copies of the request and order are attached to this e-mail…

Chief Judge Sweeney blessed Fairholme’s proposal to streamline briefing in opposition to the government’s omnibus motion to dismiss. Fairholme, the Rafter Plaintiffs, the Cacciapalle Plaintiffs, Messrs. Fisher and Reid, and…

Messrs. Fisher and Reid delivered their request to Chief Judge Sweeney’s yesterday seeking her permission to file one oversized coordinated brief together with the Rafter Plaintiffs, Fairholme, Arrowood, and the…

Fairholme wants Chief Judge Sweeney’s permission to file one oversized coordinated brief with the Rafter Plaintiffs, the Cacciapalle Plaintiffs, Messrs. Fisher and Reid, and Arrowood one 15-page brief to address…