Fairholme delivered its petition to initiate an interlocutory appeal to the Federal Circuit on Friday, placing these six questions before the appellate tribunal:
(A) Whether the court lacks subject-matter jurisdiction over plaintiffs’ direct claims for breach of fiduciary duty and breach of implied-in-fact contracts;
(B) Whether plaintiffs who purchased stock in Fannie and Freddie after the PSPA amendments lack standing to pursue their direct claims;
(C) Whether plaintiffs lack standing to pursue their self-styled direct claims because those claims are substantively derivative in nature;
(D) Whether plaintiffs have standing to assert derivative claims notwithstanding HERA’s succession clause;
(E) Whether the [FHFA-as-conservator’s] actions are attributable to the United States such that the court possesses subject-matter jurisdiction to entertain plaintiffs’ derivative takings and illegal exaction claims; and
(F) Whether plaintiffs’ allegations that the FHFA entered into an impliedin-fact contract with the Enterprises to operate the conservatorships for shareholder benefit fail as a matter of law;
and a copy of that filing is attached to this e-mail message.