No. 24-7468

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

Lower Court: Massachusetts
Docketed: 2025-06-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: asset-transfer fdic-transfer judicial-scrutiny mortgage-assignment operation-of-law stare-decisis
Key Terms:
DueProcess
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Whether the FDIC's transfer of Washington Mutual Bank to JPMorgan Chase constituted an 'operation of law' immunizing the transaction from judicial scrutiny and extinguishing liabilities

Question Presented (OCR Extract)

1. 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. ” 2. 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.

Docket Entries

2025-10-06
Petition DENIED.
2025-07-31
DISTRIBUTED for Conference of 9/29/2025.
2025-07-10
Waiver of right of respondent U.S. Bank Trust N.A., as Trustee for LSF9 Master Participation Trust to respond filed.
2025-06-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 18, 2025)

Attorneys

Donald Perry
Donald Perry — Petitioner
Donald Perry — Petitioner
U.S. Bank Trust N.A., as Trustee for LSF9 Master Participation Trust
Jason D. MacKeenOrlans Law Group PLLC, Respondent
Jason D. MacKeenOrlans Law Group PLLC, Respondent