Fannie Mae-No Politics (FNMA)

[Havoc5]

This part bugs me. Another escape hatch for the government?

"The lower courts may also consider all issues related to the federal parties’ argument that the doctrine of laches precludes any relief. The federal parties argue that Treasury was prejudiced by the shareholders’ delay in filing suit because, for some time after the third amendment was adopted, there was a chance that it would benefit the shareholders. Ac-cording to the federal parties, the shareholders waited to file suit until it became apparent that the third amendment would not have that effect.The shareholders respond that laches is inapplicable because they filed their complaint within the time allowed by the statute of limitations, and they argue that their delay did not cause prejudice because it was “mathematically impossible” for Treasury to make less money under the Third Amendment than under the prior regime. Reply Brief for Collins et al. 4–5 (emphasis deleted). We decline to decide this fact-bound question in the first instance."