Perry Capital LLC, which owns both junior preferred stock and common shares in the GSEs, filed a lawsuit in the U.S. Court of Claims. “The Net Worth Sweep has resulted in a massive and unprecedented expropriation of private property,” Perry tells Judge Sweeney. “To the extent this ongoing expropriation is authorized by law, the Fifth Amendment compels the government to pay just compensation to Plaintiff and the Companies for the taking. To the extent it is not authorized, the Fifth Amendment compels the government to pay damages to Plaintiff and the Companies for the illegal exaction. Indeed, in addition to exceeding FHFA’s powers under statute, FHFA itself is . . . unconstitutional. The extraordinary control exercised by FHFA as conservator over Fannie and Freddie also created a fiduciary relationship between FHFA, on the one hand, and the Companies and their shareholders, on the other. The Net Worth Sweep violated FHFA’s fiduciary duties. The Net Worth Sweep also breached implied-in-fact contracts the government and the Companies entered into when the Companies were placed into conservatorship. Accordingly, Plaintiff and the Companies are entitled to just compensation and damages.” Perry Capital is represented by the same team of lawyers led by Matthew D. McGill at Gibson, Dunn & Crutcher LLP representing it before Judge Lamberth. A copy of Perry’s complaint is attached to this e-mail message 18-01226-0001
The Cacciapalle Plaintiffs delivered a request to Judge Sweeney asking her to certify their lawsuit pending in the U.S. Court of Federal Claims as a class action proceeding; identifying all holders of GSE junior preferred shares on Aug. 17, 2012, as the members of that class; and designating the law firms of Boies Schiller Flexner LLP and Kessler Topaz Meltzer & Check LLP as Co-Lead Class Counsel. Copies of the documents delivered to Judge Sweeney are attached to this e-mail message.13-466-0073 13-466-0073-1
The Class Plaintiffs delivered a request to Judge Lamberth asking him to certify their lawsuit pending in the U.S. Court of Federal Claims as a class action proceeding; identifying all holders of GSE junior preferred shares and common stock on Aug. 17, 2012, as the members of that class; and designating the law firms of Boies Schiller Flexner LLP, Kessler Topaz Meltzer & Check LLP, Grant & Eisenhofer, P.A., and Bernstein Litowitz Berger & Grossmann LLP as Co-Lead Class Counsel. Copies of the documents delivered to Judge Lamberth are attached to this e-mail message. 13-mc-01288-0081 13-mc-01288-0081-1