Freddie Mac (FMCC)

[FOFreddie]

Did the DC Circuit Leave and Opening for a Cert Petition From Bryndon Fisher and Mike Kelley challenging the Conservatorship itself once their cases are adjudicated at the DC Circuit?

From the Owl Creek Cert Petition:

"Next, the court accepted the Court of Federal
Claims’ recharacterization of the private shareholders’
direct claims as derivative. Pet.App.22a. The Federal
Circuit agreed that the shareholders’ claims were actually for overpayment, supposedly essentially asserting that “in exchange for [the Agency’s] conservatorship, both the [Companies] and shareholders were
forced to pay Treasury at a loss.” Id. (This statement,
although seemingly central for the court, appeared to
conflate the events of 2008, in which the conservatorship began, with the Net Worth Sweep, imposed in
2012. Petitioners here challenged only the latter.) The
court dismissed the shareholders’ arguments based on
Collins simply by distinguishing Article III standing
considerations as irrelevant to the existence of a direct
claim. Pet.App.27a–28a. The Federal Circuit similarly
rejected Petitioners’ reliance on such authority as Alleghany, 353 U.S. 151, without much discussion.
Pet.App.26a–27a."