Wednesday, March 25, 2020 5:32:49 PM
The fiduciary duty that is present is from the boards to the shareholders. This exists, but has been pre-empted by FHFA during conservatorship.
FHFA does not and never did have a fiduciary duty to shareholders. This is what the three judges said, and that you have never proven wrong. Judge Sweeney nailed it when she said it was due to FHFA's statutory authority to act in its own interest.
The judicial review clause of HERA (4617(f)) has nothing to do with fiduciary duties.
No. FHFA's lack of fiduciary duty does not stem from 4617(f) but instead it stems from 4617(b)(2)(J)(ii).
What exactly about HERA is wrong, and why do you expect any court to change anything more than the removal clause?
Also, you need to provide an argument for why changing only that removal clause somehow means FHFA would have a fiduciary duty to shareholders.
Not quite a full game's worth of outs, but this added a few more innings.
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