Replies to post #6344 on Dime Bancorp Inc (fka DIMEQ)

[mrholty]

Here is my problem. What can Judge Block do.

If he affirms for the plantiff (Anchor/JonesDay) that rule 12(b)(1) that the DOJ objected to is incorrect that means that he agrees that JPMorgan is the rightful successor.

If he does not, that means that the FDIC-R did not transfer the rights to JPM.

Therefore reading the documents in doc #329,335,337 and the transcript in 348 it seems that JonesDay has the stronger case (much stronger imo) that JPMorgan did infact purchase it from FDIC-R. (however I was clearly wrong on DIMEQ w/ Judge Mary)

The only mechanism that I see that would be possible is to argue that JPMorgan bought WMB not WMI which is where the asset lies. The problem from my non-legal eye is that doesn't appear to be an option for Judge Block. Can he decide that JPMorgan did in fact purchase the rights but the Judge Mary is wrong and holders of DIMEQ win. (I can't see this happening).