Fannie Mae-No Politics (FNMA)

[Patswil]

Does the fact that the golden parachute provision, 12 US. C.§ 4518(e), did
not eliminate breach of contract claims preclude a takings action against the
government?
No. A plaintiff that has a breach of contract claim against a private
party is not precluded from pursuing a takings claim against the Government. On
this the case law is decidedly one-sided; and the cases the Government relies on
readily distinguishable. Thus, Mr. Piszel' s ability to sue a private party (Freddie
Mac) for breach of contract does not preclude his Fifth Amendment takings claim
against the Government.

http://gselinks.com/Court_Filings/Piszel/15-5100-0055.pdf