Fannie Mae-No Politics (FNMA)

[obiterdictum]

Are there any examples of how long this will take.

It will take as long as necessary for the District Court to adjudicate the case. There is no truly average timeline. The original proceedings in the District Court took 7 months and 2 days to reach a final judgment.

Are there examples where a judgement by en banc was not adopted by the district court or decided otherwise?

In this case, the United States Court of Appeals Fifth Circuit En Banc reversed the dismissal of Count 1 made by the United States District Court for the Southern District of Texas, Houston based on the anti-injunction provision in HERA (12 U.S.C. § 4617(f)) and remanded the case back to the District Court for further proceedings (i.e. trial or summary judgment).

The Fifth Circuit En Banc basically opined that the district court's dismissal of Count 1 was in error, and therefore, reversed the dismissal. The District Court is directed to dismiss its decision and retry the case or alter its judgment. There was no Appeals Court final judgment made on Count 1. There was no vacatur of the net worth sweep. If there was a final judgment, there would be no reversal and remand. There are many types of actions that can be made by the higher courts (see: https://www.law.cornell.edu/uscode/text/28/2106)

Dismissal of Counts II and III were upheld. An entry of judgment is to be made for Count IV wherein the “for cause” removal protection for the FHFA Director found in 12 U.S.C. § 4512(b)(2) is unconstitutional.

Sources:
En Banc Appeal
http://www.ca5.uscourts.gov/opinions/pub/17/17-20364-CV2.pdf

District Court
https://gselinks.com/Court_Filings/Collins/16-cv-03113-0001.pdf
https://gselinks.com/Court_Filings/Collins/16-cv-03113-0052.pdf
https://gselinks.com/Court_Filings/Collins/16-cv-03113-0053.pdf