Two new opinions, including an impressive one by Judge Bibas

Jacobs v. Federal Housing Finance Agency — civil — affirmance — Bibas

Since joining the Third Circuit about a year ago, Judge Stephanos Bibas has authored a number of opinions. But, in my view at least, today’s opinion in Jacobs marks the beginning in earnest of what I expect to be his momentous career on the bench. It’s a true powerhouse opinion, dispatching a complicated appeal with an elegant clarity that I expect to become Bibas’s hallmark. And the fact that he did it on behalf of a panel that also includes Judges Hardiman and Krause–three superb judges, all under 54 and all in the conversation for elevation to the Supreme Court, on the same court and sitting together–underscores why the Third Circuit is going to be an influential, fascinating court for many years to come.

But enough CA3 sis-boom-bah. Today’s appeal arose from a challenge to one aspect of the federal government’s response to the 2008 financial catastrophe. Fannie and Freddie Mac, the government agencies created to back home mortgages, were headed towards collapse, so the Congress passed a bill to keep them afloat in exchange for conservatorship by the Treasury Department and payment of their dividends to the Treasury instead of their private shareholders. The shareholders sued, asserting that the government lacked the power to enact the statute and violated the statute. The court rejected both arguments and concluded that, if the challengers’ relief were granted, the entire deal would unravel.

Joining Bibas were Hardiman and Krause. Arguing counsel were Michael Pittenger of Potter Anderson for the challengers, Howard Cayne of Arnold & Porter for one of the agencies, and Gerard Sinzdak of DOJ for the Treasury Department.


City of Cambridge Retirement Sys. v. Altisource Asset Mgmt. — civil / securities / class action — affirmance — Fisher

The Third Circuit affirmed a district court’s ruling that the plaintiffs in a securities fraud class action failed to meet the requirements of the Private Securities Litigation Reform Act.

Joining Fisher were Krause and Roth. Arguing counsel were Kevin Green of San Diego for the appellant and Walter Carlson of Sidley Austin for the appellees.