It appears that if there wasn’t a letter of intent that covered the third amendment sweep.
With that being said I don’t believe the third amendment was ever a part of the terms of conservatorship, which will bring the discussion to the table regarding when the government knew that the enterprises would be profitable and decided to raid all of F&F profits (using taxpayers protection as an excuse).
Did Treasury know how profitable F&F were going to be (before adding the 3rd amendment sweep? Was there instructions from WH to do so?
Lots of information the Jury will be privy to.
Will this be recorded for the public to listen to?
Bought my flock in 2007 and in 2008 said I wouldn't eat a one until F&F were released from their conservatorships. The whole damn flock is now dead of old age and I didn't get to enjoy one piece of fried chicken. Can't buy another flock because I'll soon be dead of old age waiting on this bull shit government to do something!
Relevant Factors in the Application of the Covenant
In light of the fact that issues relating to the implied covenant of good faith and fair dealing will be extremely fact sensitive, courts have employed both broad and narrow application of the covenant. Numerous factors will impact whether a court will provide a more limited or expansive scope when determining whether and how to apply the covenant, which factors include:
• The motivation behind the defendant’s actions • The sophistication of the parties • The bargaining power of the parties • The type of claim at issue • The length and complexity of the agreement
A party’s motivation in taking a course of action will usually be a critical part of the court’s analysis. If there is a finding that a party acted with malice or arbitrarily, there is a greater likelihood the covenant will be applied. If a party has no legitimate interest in engaging in certain conduct other than to deprive the other party the fruits of its bargain, a court will be more inclined to find bad faith.
Jim Parrott email, Hank Paulson heads hitting the floor quote.
5th Amendment was violated. Theft. Slam dunk.
...nor shall private property be taken for public use, without just compensation.