so we think they'll take it to trial on remand or there will be a summary judgement on the merits?
There will be a decision, regardless of the choice of procedural method.
There won't be a trial - next steps are obvious.
The choice made between procedural possibilities will appear shortly as the opposing parties present briefs. The Plaintiffs have already submitted a Plaintiffs' notice of supplemental authority.
Consider that it took 7 months, 2 days to reach a dismissal from filing of complaint to ruling. Thompson stated in the conference call that it would take a year or more for the remand to complete.
Ruleoflawguy was right when he said they can't deny the facts now - they will settle.
As far as settlement goes, The Plaintiffs, as stated by David Thompson in the IU teleconference yesterday, appear ready for settlement negotiations. However, have the Defendants indicated or moved to do so? Please provide evidence of that.
It wasn't a business decision it was a ruling on the merits of the law - the wiggle room is all gone.
The en banc panel held that the:
"Third Amendment exceeded statutory authority. Transferring substantially all capital to Treasury, without limitation, exceeds FHFA’s powers to put the GSEs in a “sound and solvent condition,” “carry on the[ir] business,” and “preserve and conserve [their] assets and property.” We ground this holding in statutory interpretation, not business judgment." (http://www.ca5.uscourts.gov/opinions/pub/17/17-20364-CV2.pdf see pp. 37-38)
Yes, there is little room for Judge Nancy F. Atlas to alter the opinion and parameters of the en banc majority. This is a fact. The most likely issue will concern the Plaintiffs' prayer of relief.
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