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Saturday, November 18, 2017 11:35:19 AM
Thanks, You have been very patient to answer some of these questions most people do not understand. "Standing" seems to become complicated when the case is against the Gov. I need to do some research on this to understand fully.
"Standing is not a right."
Standing is capacity of a party to bring suit in court (law.Cornel). The definition can not be more vague than this. The concept has evolved in courts over long period of time and looks like courts have lots of leeway to rule on this. Nothing prevents court from taking up any case against US, because it is the courts who created this barrier in the first place.
“When FHFA signed as a conservator for FnF, it was an act of a private shareholder company (FnF) and not an act of a Gov agency. This is what FHFA claims. But this is only part of the story.”
I don’t know what this statement means.
“Does standing still matters, if FnF (conservator) are sued instead of FHFA?”
FHFA conservator claims that conservator signed NWS agreement as a private entity FnF and not as a Gov entity. When FHFA steps in to shoes of FnF as a conservator, it acts as private entity FnF and not as a Gov authority.
If Shareholders sue FHFA conservator as a private entity FnF, then does sovereign immunity affects the standing?
Another question is, why standing rules change with NWS because the cases are against Gov, irrespective whether shares were bought before or after NWS? Courts are in the business of interpreting laws and not passing judgments on business or investment decisions.
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