Wednesday, August 11, 2021 11:42:46 AM
Since the appeals court said that the rights travel with the shares in Lamberth and it is a class action with direct claims(why I want direct claims to survive in COFC), feel okay with that.
If we had to choose between direct and derivative claims, and if the USCFC and Lamberth's courts and cases are distinct enough to not force both claim types to be the same, I would want derivative claims to survive in the USCFC and direct in Lamberth's court.
Luckily for me, that is exactly what has happened so far.
I don't see why direct and derivative claims in the USCFC are mutually exclusive. The NWS caused derivative injury to shareholders via damage to the companies' balance sheets, and direct injuries via loss in market price of the shares.
Imagine an award that makes the direct claimants whole (recovery of the share price drop due to the NWS) and gives the rest to the companies, in the same amount as if direct claims were denied and all the money went to the companies. That satisfies both types of claims and doesn't lead to the government paying twice for the same taking. The direct award for the NWS would likely be rather small anyway; share prices were already quite low on August 17 2012.
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