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Tuesday, May 19, 2020 8:01:33 AM
Due to the Conservator's breach of its Fiduciary Duty to the Equity holders and the enterprises.
Judge Sweeney got it wrong big time. From the concept of Fiduciary Duty, which is unrelated to the interests of the shareholders but related to ethics a relationship of trust, to the theme of tort claim (the second reason why the judge dismissed the claim), since she argued that tort claims lack jurisdiction in the Court of Federal Claims. A few months earlier, she said the opposite: "the Court of Federal Claims is not deprived of jurisdiction even if the complaint contains allegations that could support a tort claim". This reinforces the allegation of mental incapacity of the judge due to anxiety.
But this isn't even a tort claim (not contemplated in a law or regulation) because it can be made the case of being established under Common Law (custom and precedent on other rulings, like judge Willett's in the hearing en-banc from the 5th Circuit Court of Appeals, who claimed that under Common Law, a conservator is a fiduciary, protector, trustee, guardian, etc.)
The breach of the fiduciary duty is the reason why the stocks have been trading well below their fair-value all along. This has caused a damage to the Equity holders and someone has to pay for it. Full detail.
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