No. 19-563

Janet L. Yellen, Secretary of the Treasury, et al. v. Patrick J. Collins, et al.

Lower Court: Fifth Circuit
Docketed: 2019-10-29
Status: Judgment Issued
Type: Paid
Amici (1)Relisted (3) Experienced Counsel
Tags: administrative-law anti-injunction anti-injunction-clause conservatorship conservatorship-powers derivative-action fannie-mae federal-housing-finance-agency freddie-mac shareholders-rights statutory-interpretation succession-clause takings third-amendment treasury
Latest Conference: 2020-07-08 (distributed 3 times)
Related Cases: 19-422 (Vide)
Question Presented (from Petition)

1. Whether the statute's anti-injunction clause, which precludes courts from taking any action that would "restrain or affect the exercise of powers or functions of the Agency as a conservator," 12 U.S.C. 4617(f), precludes a federal court from setting aside the Third Amendment.

2. Whether the statute's succession clause—under which FHFA, as conservator, inherits the shareholders' rights to bring derivative actions on behalf of the enterprises—precludes the shareholders from challenging the Third Amendment.

Question Presented (AI Summary)

Whether the FHFA's Third Amendment to the agreements with Treasury is precluded by the anti-injunction and succession clauses of the statute

Docket Entries

2021-07-26
JUDGMENT ISSUED.
2020-10-27
CIRCULATED
2020-10-14
Record received from the U.S.C.A. 5th Circuit is electronic and located on PACER.
2020-10-08
Record requested from the U.S.C.A. 5th Circuit.
2020-07-08
DISTRIBUTED for Conference of 7/8/2020.
2020-06-29
DISTRIBUTED for Conference of 7/1/2020.
2019-12-11
Reply of petitioners Steven T. Mnuchin, Secretary of the Treasury, et al. filed. (Distributed)
2019-12-11
DISTRIBUTED for Conference of 1/10/2020.
2019-11-27
Brief amici curiae of Bryndon Fisher, Bruce Reid, & Erick Shipmon in support of neither party filed.
2019-11-27
Brief of respondents Patrick J. Collins, et al. in opposition filed.
2019-10-25
Petition for a writ of certiorari filed. (Response due November 29, 2019)

Attorneys

Bryndon Fisher, Bruce Reid, & Erick Shipmon
Robert Carter SchubertSchubert Jonckheer & Kolbe LLP, Amicus
Court Appointed Amicus Curiae
Aaron Lloyd NielsonJ. Reuben Clark Law School, Amicus
Janet L. Yellen, Secretary of the Treasury, et al.
Elizabeth B. PrelogarActing Solicitor General, Petitioner
Patrick J. Collins, et al.
Charles Justin CooperCooper & Kirk, PLLC, Respondent
David H. ThompsonCooper & Kirk, PLLC, Respondent
Scholars in Support of Patrick J. Collins
Matthew P. Cavedon — Amicus
Timothy Howard
Jason Alan LevineAlston & Bird LLP, Amicus