Yes, the professor seems to have a slanted opinion there. The information that we already have about how the FDIC fumbled the takeover process should be enough, but with a little additional direct discovery, the evidence of the bumbling by the FDIC should be clear to even fifth grader.
Sadly, if the BK Court does not give us justice, we may end up having to file class actions as a group of united shareholders. My gut tells me that if it comes to that, the FDIC is in a world of hurt. In a civil case, the burden of proof is "it is more than likely to have happened" not "beyond a reasonable doubt". Just from a few of the leaked emails, I personally feel we already have the "it is more than likely to have happened" covered!
So, if we were successful in fiing a class action agasint the FDIC, how long would the government hold out? How much dirt would they want made public? How much help would new leadership in the House be in forcing the facts out for us? A reasonable person would expect the government to quickly throw out $10B-$20B to make such a suit go away, obviously starting on the low side.
This is just the start now that the examiner report is coming out, not the end.