If there is no legal basis for paying out compensation if the plaintiffs win, Lamberth probably could not have accepted the case at all. (Unless he was absolutely convinced that the plaintiffs would lose anyway.) It is also questionable why FnF had to pay the 10% dividend until 2019 (and Liq. Pref. since Jan. 2021) even though they were and are undercapitalized (CET1), because that also violates the cited FHEFSSA guidelines.