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Dorothy A. Smulley v. Federal Housing Finance Agency, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 17-2666 · judgment October 5, 2018


Certiorari denied · May 13, 2019
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Is the Federal National Mortgage Association (Fannie Mae) a federal instrumentality under the regulatory oversight and conservatorship of the Federal Home Finance Agency (FHFA)? As a federal instrumentality, is Fannie Mae Form 3140, Paragraph F, subject to due process requirements? Is FHFA as conservator of Fannie Mae, and Fannie Mae as principal in a common-law agency relationship with mortgage servicing financial institutions, subject to vicarious liability as a consequence of misdeeds performed by the mortgage servicers? Should Internal Operating Procedures (lOP) within a Circuit provide for sufficient verification which would assure all necessary indexed electronic documents filed with the court below will be identified and brought to the attention of the Circuit Justices designated for the panel hearing?

Counsel of record

For petitioner
Dorothy A. Smulley

For respondent
Logan Anne Carducci
Halloran & Sage, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 13 2019
    Petition DENIED.
  2. Apr 23 2019
    DISTRIBUTED for Conference of 5/9/2019.
  3. Apr 12 2019
    Waiver of right of respondent Federal National Mortgage Association to respond filed.
  4. Apr 11 2019
    Waiver of right of respondent United States to respond filed.
  5. Apr 10 2019
    Waiver of right of respondent JPMorgan Chase Bank National Association to respond filed.
  6. Feb 28 2019
    Petition for a writ of certiorari filed. (Response due April 12, 2019)