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Re: GAK- post# 676138

Thursday, 04/29/2021 5:04:03 PM

Thursday, April 29, 2021 5:04:03 PM

Post# of 797167

The logic that the court used in Perry to say that the liquidation preference is not ripe would certainly seem to apply to the warrants as well.



What you quoted from Lamberth's 2014 decision doesn't apply anymore because it was reversed by the DC Circuit. Start at page 10 of Lamberth's September 2018 opinion; this line is on page 11:

The Circuit, therefore, reversed this Court's decision, holding the Plaintiffs' breach of contract claims ripe for decision.



I'm not sure how this would apply to the warrants, but since claims about liquidation preference were held to be ripe even before FnF were liquidated, it would stand to reason that claims about the warrants could very well be held to be ripe even before Treasury exercises them.



Got legal theories no plaintiff has tried? File your own lawsuit or shut up.