Fannie Mae-No Politics (FNMA)

[familymang]

Wazee (represented by Hamish Hume) filed its amended complaint, and I would say odds are looking slim to none.

They are taking two approaches here, planning to file two separate en banc petitions.

1) First, excluding the newly added "unjust enrichment" claims, which I will get to after, no other claims were amended in this complaint, i.e. its the same exact claims that were already tossed and dismissed by the federal appellate court (that SCOTUS declined to review). The strategy here is to appeal that ruling en banc. So unless en banc accepts the petition and reverses the ruling, these claims are all dead.

2) Now for the "unjust enrichment" claims, there is a catch with this claim, plaintiffs admit that under federal circuit precedent unjust enrichment claims are barred from review under the tucker act, so they are giving Sweeney notice they first plan to file a (separate) banc petition to overturn that precedent. So, before Sweeney can even entertain this "new claim", en banc must agree to hear the petition and overturn its precedent on this claim, otherwise, this new claim is also dead before it even got a chance (bc as of today that claim is DOA and can't proceed further as precedent stands).