Attached to this e-mail message are the supplemental briefs filed in the Federal Circuit yesterday. The government, in short, says the Collins decision says it’s over and shareholders lose. The government wants the Federal Circuit to tell the Court of Federal Claims to dismiss all shareholder lawsuits asserting Fifth Amendment takings claims. The shareholders don’t share that view. Shareholders say the U.S. Supreme Court made it clear shareholders hold direct claims against the United States and shareholders have standing under HERA to prosecute those claims in the Court of Federal Claims.
