Debra Brown, Esq., at Brown & Associates LLC in Beverly, Mass., asked the First Circuit for permission yesterday to file a tardy amicus brief addressing two cases not brought to the Court’s attention as it considers whether FHFA is a government actor. The two cases are:
-- a 2014 decision dismissing litigation against FHFA by the Mass. Attorney General saying HERA trumps and FHFA is exempt from Massachusetts law; and
-- the Collins case currently awaiting a decision from the U.S. Supreme Court considering the constitutionality of FHFA's structure and FHFA's argument HERA neutralizes GSE shareholder rights.Ms. Brown argues the First Circuit needs to be sure its decision in the Sisti, Boss and Montilla cases harmonizes with these two cases not addressed by the parties in the First Circuit.
Copies of Ms. Brown’s request to file a tardy amicus brief and her proposed amicus brief are attached to this e-mail message.