This week is Court Week at the Federal Circuit, with hearings starting this morning. This month the Federal Circuit is again providing access to live audio of each panel scheduled for argument via the Federal Circuit’s YouTube channel. In total, the court will convene five panels to consider about 23 cases. Of these 23 cases, the court will hear oral arguments in 17. Of the argued cases, four attracted amicus briefs. All four are Tucker Act cases presenting the same issues. Indeed, the court consolidated the cases, and they will be argued at same time with 40 minutes of argument allocated to each side. Here’s what you need to know about these four cases.
Arrowood Indemnity Co. v. United States
As explained in our argument preview, in this case the plaintiffs-appellants were investors in Fannie Mae and Freddie Mac at the time of the financial crisis. According to the plaintiffs-appellants, “at the most basic level, the Private Shareholders plead that the government took their property (their shareholder rights) for itself, and they seek damages for themselves.” The Court of Federal Claims, however, dismissed their claims.
The plaintiffs-appellants have asked the Federal Circuit to overrule the Court of Federal Claims. The United States, however, maintains that, among other things, “[t]he Court of Federal Claims lacked jurisdiction over these claims.” As such, the United States argues that the lack of jurisdiction would “require dismissal of virtually all the claims at issue in plaintiffs’ appeals.”
This case attracted an initial amicus brief and a supplemental amicus brief from other shareholders (Bryndon Fisher, Bruce Reid, and Erick Shipmon) supporting neither party.
Richard Zuckerman will argue for Arrowood.
Abby Wright will argue for the United States.
Oral argument of the four cases has been consolidated and the court will allow 40 minutes of argument from both sides. Argument will occur Wednesday, August 4 at 10:00 A.M. Eastern in Courtroom 401.
Fairholme Funds, Inc. v. United States
As mentioned, this case has been consolidated with Arrowood. It contains the same briefs and will be argued at the same time as the three other cases.
Charles J. Cooper will argue for Fairholme Funds.
Abby Wright will argue for the United States.
As mentioned, the argument will occur Wednesday, August 4 at 10:00 A.M. Eastern in Courtroom 401.
Owl Creek Asia I, L.P. v. United States
As mentioned, this case has been consolidated with Arrowood. It contains the same briefs and will be argued at the same time as the three other cases.
Lawrence Rosenberg will argue for Owl Creek Asia I.
Abby Wright will argue for the United States.
As mentioned, the argument will occur Wednesday, August 4 at 10:00 A.M. Eastern in Courtroom 401.
Cacciapalle v. United States
As mentioned, this case has been consolidated with Arrowood. It contains the same briefs and will be argued at the same time as the three other cases.
Hamish Hume will argue for Cacciapalle.
Abby Wright will argue for the United States.
As mentioned, the argument will occur Wednesday, August 4 at 10:00 A.M. Eastern in Courtroom 401.