Fannie Mae-No Politics (FNMA)

[kthomp19]

The derivative claims were held in abeyance until the direct claims appeals were resolved.

Wrong. The derivative claims were dismissed by the CAFC, and since the Supreme Court denied cert they are 100% dead.

Does this mean the derivative claims can now proceed to trial?

Nope; see above.

The CAFC's ruling in February of last year dismissed all the derivative claims. Since the Supreme Court denied cert, that dismissal is now binding and cannot be challenged anymore. Note that Bryndon Fisher's case is included in this dismissal (see p. 5).

Because we conclude that the Claims Court correctly dismissed shareholders’ directly pled claims but erred in not dismissing shareholders’ derivatively pled allegations, we affirm-in-part and reverse-in-part.

The Kelly case is technically still alive, but since it is derivative takings claims similar to Barret, Fisher, etc. it will be dismissed in its entirety soon due to the precedent set by the CAFC and Supreme Court.



This also means the idiotic argument that Fisher's case could be amended to include a challenge to Treasury exercising the warrants can finally be put to bed. It was never possible to begin with, but it will be nice to not have to hear that particular bit of common nonsense anymore.