Replies to post #352460 on Fannie Mae-No Politics (FNMA)

[obiterdictum]

Good evening Obit. Always read your post for insight. Thank you for sharing your time and knowledge.

Good morning, cfljmljfl.

For clarity, Hinds and Jacobs case in Delaware, the plaintiffs request through motion a desire for the case to be moved to another court that provided a more experience judge. Is this dismissal of this motion tied to that motion to move case to another court as a poster implied earlier ? The motion is linked in the GSESlink.com.

No. The recent order is a denial of the Plaintiffs' Application for Certification to the Delaware and Virginia Supreme Courts of Novel and Undecided Issues of State Law - http://gselinks.com/Court_Filings/Jacobs_Hindes/15-00708-0050.pdf
http://gselinks.com/Court_Filings/Jacobs_Hindes/15-00708-0024.pdf

Also, the complaint was suppose to be a jury trial. If the certification is necessary in presentation to plaintiffs case, how does the judge assume it is not material based on the outcome of the other dismissed cases.

Judge Sleet deemed the certification as not case-dispositive, and therefore, unnecessary. The case has not yet moved beyond the motion to dismiss. The case continues and the trial phase has not yet begun.

Secondly, if it is a jury trial, how does the judge have that authority to judge what is or isn't important ?

A judge in a certifying court may deny an application for certifying questions of law.

Even so, it would have been better for Judge Sleet to allow the Supreme Court of Delaware to decide if the answer to the question would determine the outcome of the litigation.

Judge Sleet is not ignorant of certifying questions of law and perhaps anticipated a negative outcome that would be against the US Government's position due to previous experiences as a US attorney in an indefensible medical case against the US Government.

For example see: https://www.courtlistener.com/opinion/1983306/united-states-v-anderson/

Not doing so, allows Judge Sleet to retain singular control over this case without Supreme Court of Delaware interference.

He basically said plaintiffs did not make a convincing argument . Hard to believe Retired Supreme Court Judge MoeRon Steel could be so discredit by a lesser experience judge. But, as you said what is suppose to happen is not happening.

Yes. That is correct. In the order (see above), Judge Sleet presented his argument for denial of certification in a footnote and without demonstrating the reasons for deeming the application for certification as not being case-dispositive. This conclusion is simply asserted.

Last, do you think a good probability case going to be a dismissal and case moves to appeal ?

There is no way from me to determine the probability for case dismissal or whether the Plaintiff's will appeal or not.

Is Judge Sleet's previous loyalty to the US Government as a US Attorney greater than his loyalty to the rule of law as a judge?