In their latest term, the SCOTUS in Cedar Point Nursery, determined there was a temporary or partial taking and remanded to the 9th Circuit for damages. If the legal question as stated by Judge Lamberth is whether or not the jps and common investors could reasonably anticipate that the government would act the way it did, in sweeping profits to itself and giving NOTHING to the jps and common holders and the answer is that no they could not, that could be found to be a breach of the implied contract and additional damages could be awarded above and beyond the temporary taking from the nws.
If there is found to be a temporary taking via the nws, the damages from the the unconstitionally insulated Mel Watt sweeps of profits could be deducted but in addition to the swept profits under Watt, what about possible damages awarded to shareholders not being released, BUT FOR the unconstitionally insulated FHFA Director problem in HERA?
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