Replies to post #792839 on Fannie Mae-No Politics (FNMA)

[clarencebeaks21]

To your first question, no, Lamberth said FHFA acted within its powers and functions, but in doing so it breached the implied covenant of good faith and fair dealing anyway. This seems odd, but Lamberth explains that the alleged APA violation and contractual violation are very different claims and have different legal elements. FHFA violated only the latter.

But to your second question, yes.

[Donotunderstand]

the return to Lamberth - to quantify and finalize damages - was sent to Lamberth by SCOTUS - upholding that small part of the EN BANC ruling