Donald Perry v. U.S. Bank Trust N.A., as Trustee for LSF9 Master Participation Trust

Whether the Federal Deposit Insurance Corporation’s (FDIC) transfer of Washington Mutual Bank (WaMu) to JPMorgan Chase Bank, N.A. in 2008 constituted an “operation of law,” thereby immunizing the transaction from judicial scrutiny and extinguishing certain liabilities, or whether the transaction involved contractual and discretionary actions requiring legal and procedural oversight. As presented in this case,whether a mortgage assignment executed by a person without any authority to do so, as determined in Mass. Appeals Court case No. 19-P1598, can be validated solely by asserting the transfer of WaMu’s assets to JPMorgan Chase was an “operation of law.”

Whether a lower court judge may override the binding findings of a higher appellate court by reissuing summary judgment based on the same evidentiary record, contrary to the rule of judicial hierarchy. Corollary, whether a panel of intermediate appellate judges may disregard a prior precedential opinion and affirm a lower court ruling in direct contradiction to an earlier remand directive, thereby eroding judicial order and the principle of vertical stare decisis.