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whipstick

10/28/16 3:04 PM

#357869 RE: big-yank #357867

Maybe because the ability to get to the documents thru the court of claims was easier than the Circuit court? since you know, Lamberth didn't allow any discovery at all before ruling on his case, and the Court of appeals did allow for some, in a highly ATypical move, BECAUSE the lower court (Lamberth) erroneously didn't allow any?

NO SPIN YANK THE HOUSE OF CARDS IS COMING DOWN FAST

Doesn't this plaintiff admission absolutely PROVE why the government's appeal of the Motion to Compel is 100% slam-dunk valid?



100% slam dunk no it doesn't. Good lord - are we really supposed to believe you're a concerned shareholder when you're constantly making up this garbage?



rekcusdo

10/28/16 3:36 PM

#357875 RE: big-yank #357867

"So plaintiffs admit that the discovery documents crucial to the Perry Appeal must be provided from the unrelated Fairholme suit or the Perry decision may be prejudiced? Why didn't the Perry attorneys pursue discovery for those documents? "

Your memory is failing. Lamberth said that discovery was irrelevant because of HERA. It is quite appropriate for Perry to use the discoveries in Fairholme to show that discovery is NOT irrelevant because of violated intent putting HERA into practice.

bradford86

10/28/16 6:10 PM

#357921 RE: big-yank #357867

in perry, lamberth ruled that the facts dont matter based on his interpretation of HERA, that a conservator effectively can do whatever they want and has no fiduciary duty to shareholders

there was never an administrative record produced and pratt/pagliara/robinson all fell in line.

that is up for appeal. subsequently, docs were produced demonstrably proving the incompleteness of the admin record, which ginsburg finds relevant

he could only find it relevant based on a plaintiff favorable interpretation of HERA

your assertions continue to have no merit most of the time

ShadowCopper

10/28/16 6:46 PM

#357923 RE: big-yank #357867

It is an appeal based on death spiral and can not be tried per Hera assertions. Perry can not go on a discover search in an appeal, but they can benefit from other cases discover. Any case would use imminent in a similar situation.