Wednesday, January 03, 2024 2:38:42 PM
It's different in the case of FnF because FHFA has a specific carveout in HERA that allows it to act in its own interests, and (as the Supreme Court put it) by extension the public that it serves, ahead of the interests of the companies.
Anyone can bring any legal claim they want if they're willing to invest the time and money. But given that the Supreme Court ruled that the NWS was a valid act of a conservator (statutorily authorized, i.e. legal), I can't see them ever ruling that directing FnF to pay the dividends wasn't also authorized.
If the lawyers have been so dumb, why haven't you filed your own lawsuit with better theories?
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