Chief Judge Sweeney lifted the seal on her opinion entered May 8 denying the government’s motion to dismiss the Fisher and Reid plaintiffs’ complaints, and a copy of her decision is attached to this e-mail message.
Yesterday, The Fisher and Reid Plaintiffs filed their motion to certify an interlocutory appeal yesterday, indicating they want the Federal Circuit to answer these two questions:
(A) Whether plaintiffs have standing to assert derivative claims notwithstanding HERA’s succession clause and
(B) Whether the FHFA-C’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 a copy of that filing is also attached to this e-mail message.
