The Department of Justice provided the Fifth Circuit with a copy of a decision from the Delaware Supreme Court last week saying that issue preclusion bars shareholders pursuing derivative claims from relitigating issues that were decided against other shareholders in an earlier derivative suit. The decision, the government says, provides further support to Treasury’s argument that issue preclusion bars the Collins Plaintiffs from relitigating issues that were decided against GSE shareholders by Judge Lamberth and upheld by D.C. Circuit. A copy of the DoJ’s transmittal is attached to this e-mail message.17-20364-00514332085
FHFA delivered a copy of yesterday’s 6-3 decision from the D.C. Circuit in PHH v. CFPB finding no constitutional defect in the way Congress structured that bureau, and a copy of FHFA’s filing is attached to this e-mail message.17-cv-02185-0065