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action8101

10/05/19 11:45 PM

#568432 RE: Ace Trader #568431

Because it’s the law to screw us over currently.
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obiterdictum

10/06/19 12:36 AM

#568433 RE: Ace Trader #568431

Why can’t they file an injunction to stop FHFA and UST making changes while court proceedings and final judgement is awarded to shareholders!!

It can be filed.

A preliminary injunction can be filed to maintain a status quo. However, the Supreme Court ruled that a preliminary injunction must fulfill all four criteria given below:

"A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest." Donald C. Winter, Secretary of the Navy v. Natural Resources Defense Council, Inc. - https://www.supremecourt.gov/opinions/08pdf/07-1239.pdf - p. 10.


This SCOTUS opinion indicates that a preliminary injunction is extraordinary relief, and it is only to be given when the plaintiff meets all four criteria.

This is a heavy legal burden to carry, perhaps, shareholder attorneys and plaintiffs are not willing to spend the time and money to take a chance on meeting all four criteria for a preliminary injunction if the possibility of losing is greater than winning.

The actual answer to the question lies with the Plaintiffs and attorneys in the various cases before the courts.

More info:
Preliminary injunction
https://www.law.cornell.edu/wex/preliminary_injunction

See pp. 941-944 - THE PRELIMINARY INJUNCTION STANDARD:
UNDERSTANDING THE PUBLIC INTEREST FACTOR

https://repository.law.umich.edu/cgi/viewcontent.cgi?article=2513&context=mlr