Is the NWS (i) an action of a type permitted by express contractual provisions, or (ii) an unreasonable act of government discretion taken in bad faith?
The American investor has been obviously deceived by an over powering ruthless Government and harmed unjustly. The Government must relinquish control of FNMA and FMCC returning both to the private market at a fair value to all investors thus restoring confidence from it's miss deeds.
Would love to read your thoughts on all the pre-trial filings, undisputed facts, and comments on current Plaintiff and Defense strategy. Are expectancy damages available? How much latitude is allowed for the jury to make up a number in damages greater than the $1.6 Billion listed as the public stock value lost the day after the announcement of the NWS?
Can you comment on the likelihood of the government winning a summary judgement and the case is dismissed without going to trial? Can the judge arbitrarily stop the case from moving ahead?
Might the case outline questions now also include how courts have weighed public/ v: private interests, when federal
statutes, regs (or otherwise) interfere “too far” into contract rights? Is that analysis framework different from breach of implied duty of good faith (DOGF)? If there is such a framework, does it favor generally private or public, and depend on the nature of right, and degree of interference? It seems Ds could defend by socereign immunity often, but here might it undermine the USG’s ability thus far to dodge a binding determination of federal “control”: Thanks!
Good writeup, but what would damages be to a JPS holder in excess of what was paid to Treasury? Also as important would the damages apply to CURRENT JPS holders or ONLY those who held At the TIME the NWS was implemented? TIA
The American investor has been obviously deceived by an over powering ruthless Government and harmed unjustly. The Government must relinquish control of FNMA and FMCC returning both to the private market at a fair value to all investors thus restoring confidence from it's miss deeds.
I thought plaintiffs requested a trial by jury? Is Lamberth deciding this case?
Would love to read your thoughts on all the pre-trial filings, undisputed facts, and comments on current Plaintiff and Defense strategy. Are expectancy damages available? How much latitude is allowed for the jury to make up a number in damages greater than the $1.6 Billion listed as the public stock value lost the day after the announcement of the NWS?
Can you comment on the likelihood of the government winning a summary judgement and the case is dismissed without going to trial? Can the judge arbitrarily stop the case from moving ahead?
ROLG,
Might the case outline questions now also include how courts have weighed public/ v: private interests, when federal
statutes, regs (or otherwise) interfere “too far” into contract rights? Is that analysis framework different from breach of implied duty of good faith (DOGF)? If there is such a framework, does it favor generally private or public, and depend on the nature of right, and degree of interference? It seems Ds could defend by socereign immunity often, but here might it undermine the USG’s ability thus far to dodge a binding determination of federal “control”: Thanks!
Good writeup, but what would damages be to a JPS holder in excess of what was paid to Treasury? Also as important would the damages apply to CURRENT JPS holders or ONLY those who held At the TIME the NWS was implemented? TIA
How will the Delaware case argued by Myron Steele, which was a disappointment, effect this case?