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Friday, November 18, 2022 9:48:22 AM
Robert IMHO you are correct about the CFPB ruling. My first thoughts:
1) The CFPB case’s panel decision is binding on the Texas southern federal district court, and obviously the precedent is FHFA-plaintiff-friendly
2) Collins will need court permission to allow their pleading to be amended at the eleventh hour (to add this new claim after statute of limitations) under rules of civil procedure: but the judge IMO will do so (!)!while also granting a new continuance to allow the defendants more time so as not prejudice them.
3) Whether you agree or disagree with the prevailing Unitary Executive philosophy, having lost at a Fifth Circuit 3-0 panel decision, the CFPB and DOJ evidently see the elephant in the room, hence they are *skipping en banc review*, opting instead to request SCOTUS review. Fascinating.
1) The CFPB case’s panel decision is binding on the Texas southern federal district court, and obviously the precedent is FHFA-plaintiff-friendly
2) Collins will need court permission to allow their pleading to be amended at the eleventh hour (to add this new claim after statute of limitations) under rules of civil procedure: but the judge IMO will do so (!)!while also granting a new continuance to allow the defendants more time so as not prejudice them.
3) Whether you agree or disagree with the prevailing Unitary Executive philosophy, having lost at a Fifth Circuit 3-0 panel decision, the CFPB and DOJ evidently see the elephant in the room, hence they are *skipping en banc review*, opting instead to request SCOTUS review. Fascinating.
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