Freddie Mac (FMCC)

[clarencebeaks21]

“I have always thought of this as being related to the implicit fair dealing for the public securities markets but I dont think that was in the pleadings right?”

Correct. It was the DC Circuit appeal that instructed Lamberth on remand to rebrief the remaining claim as now styled.

“Sounds like Judge Lamberth will have to decide to impute Delaware law or not?”

He could decide that. But he also can first write to the VA state supreme court, and request that they weigh in.

“Will will probably know soon if summary judgement is granted?”

Honestly I don’t think anyone can accurately handicap that date.

“Do you think Judge Lamberth may just stay his case once the Cert petition is filed until SCOTUS decides to take up the appeal or not?”

Possibly. But property law and contract law are rarely 100% coterminous. So one does not necessarily control or inform the other.