News Focus
News Focus
icon url

skeptic7

08/10/21 4:07 PM

#691670 RE: JosephS #691666

after watching the courts for all of these years come up with 1 + 1 = 3 I'm not OK with any of it. IMHO...this thig is toast.
icon url

kthomp19

08/11/21 11:42 AM

#691764 RE: JosephS #691666

Since the appeals court said that the rights travel with the shares in Lamberth and it is a class action with direct claims(why I want direct claims to survive in COFC), feel okay with that.



If we had to choose between direct and derivative claims, and if the USCFC and Lamberth's courts and cases are distinct enough to not force both claim types to be the same, I would want derivative claims to survive in the USCFC and direct in Lamberth's court.

Luckily for me, that is exactly what has happened so far.

I don't see why direct and derivative claims in the USCFC are mutually exclusive. The NWS caused derivative injury to shareholders via damage to the companies' balance sheets, and direct injuries via loss in market price of the shares.

Imagine an award that makes the direct claimants whole (recovery of the share price drop due to the NWS) and gives the rest to the companies, in the same amount as if direct claims were denied and all the money went to the companies. That satisfies both types of claims and doesn't lead to the government paying twice for the same taking. The direct award for the NWS would likely be rather small anyway; share prices were already quite low on August 17 2012.
icon url

MLAT24

08/13/21 9:41 AM

#692020 RE: JosephS #691666

Speaking of executive privilege and Gary Hindes, he’s posted his comments from the USCFC Washington Federal case on his site yesterday. A good read.

He removed the “Time for a Fresh Look” letter from March 9, I assume because people were posting it or maybe his views have changed.

Par and not a penny more for the JPS seems about right whether as part of an administrative led restructuring or judicial settlement. But as you say, who knows…

If indeed nothing happens administratively, I would assume they would shelve JPM/MS at some point but what do I know,