Hi Blushing green, the 9/28/2018 Lamberth Memorandum Opinion was read. Lamberth carries out the legal duties (remand) given him by the Court of Appeals.
Lamberth granted the Defendants' motions to dismiss the Plaintiffs' claims related to:
* breach of contract (failed to state a claim)
* breach of fiduciary duty (preempted by HERA)
* violation of Delaware and Virginia statutory law governing dividends (failed to state a claim)
* derivative claims of a breach of fiduciary duty by the FHFA (Class Action Plaintiffs)(preempted by HERA)
* APA violations.
* Injunctive relief and damages
Lamberth granted the Plaintiffs's claims for:
* breach of the implied covenant of good faith and fair dealing (a valid claim was stated).
(See page 9)
No opinion on this outcome. Is there anything more to say when injunctive relief and damages are dismissed?
The claim of a breach of the implied covenant of good faith and fair dealing will go forward and towards what result? We have to wait to see what that will be.