Fannie Mae (FNMA)

[955]

Great question RumplePigSkin.

Yes, if she can get Federal Circuit to certify her questions. That's the way I see it. She wants consensus before she rules. She's one smart cookie.

THE COURT: And I’ll get you one -- I just -- I
10 think in my ruling what I may do is include standing.
11 I’ll just have to -- I’m still mulling. I have a solid
12 draft of a decision, but what I may -- I think logical
13 next steps would very well be for -- because clearly one
14 or all parties will be dissatisfied or disagree with my
15 ruling, and certification of questions to the Federal
16 Circuit, I think, would make good sense because perhaps
17 by that time we will have rulings in other cases, and the
18 Federal Circuit can give guidance in this case, and then
19 I’m not guessing.
20 The Federal Circuit can take a look at what its
21 sister circuits have done in similar cases, and it may
22 say -- the panel may decide we don’t care what other
23 circuits have done because this is a Court of Federal
24 Claims Fifth Amendment takings case or an illegal
25 exaction case. You know, I think it was in the Winstar
1 cases, every Circuit Court ruled against the Plaintiffs,
2 but in this Court, Judge Loren A. Smith, who was then the
3 Chief Judge, ruled in favor of the plaintiffs, and he was
4 the one who was ultimately affirmed by the Supreme Court.
5 So, you know, numbers can give a lowly trial
6 judge comfort, but it doesn’t tell the story. It depends
7 upon the claims and what the jurisdiction is of the
8 Court. So I think perhaps after I rule, and I promise to
9 give you a lot to chew on and mull over and meditate on,
10 I think next step should be certifications of questions
11 to the Circuit. I just throw that out.

https://www.acg-analytics.com/wp-content/uploads/2019/11/Fairholme-Condensed-Transcript.pdf

Is Summary Judgement in Sweeney's court possible?