How does the recent affirmation of the Piszel appeal affect the Perry appeal?Or does it?
On one level, this question asks: How does the opinion given by Circuit Judges Dyk, Schall, and Hughes in the Piszel case impact the thinking of Judges Ginsburg, Millet and Brown in the Perry appeal?
Answer: As a practical matter, there is no way to directly or indirectly know what Judges Ginsburg, Millet and Brown think or may think about this opinion.
On another level, the question asks: What speculative impact, if any, would the Piszel opinion have on the Perry Appeal?
Answer: The Piszel complaint questions "whether a government prohibition on making golden parachute payments to terminated employees of Freddie Mac constitutes a taking or an illegal exaction." The court affirmed the lower court's decision to dismiss, dismissed Piszel's claims while agreeing that there was a 5th amendment property interest and disagreed with certain instances of reasoning and argument made by government and the lower court for dismissal.
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