I believe the defendants are going back to 2013 when they argued that in conservatorship only the conservator can file suits. Judge Lamberth agreed that shareholders' rights were transferred to FHFA and dismissed the suits. He was later overruled.
i had read in the past that anyone who knowingly purchased shares after 3rd amend may not be part of any settlement as they knew going in. would ackman, berkowitz fall in that category?
but then i believe lamberth ruled ? that rights travel with shares and that logic does not apply.
what do you think? where is defense going with it?