Fairholme Funds, Inc., Acadia Insurance Company, Admiral Indemnity Company, Admiral… v. United States

N
OTE: This order is nonprecedential.

United States Court of Appeals
for the Federal Circuit
______________________
FAIRHOLME FUNDS, INC., ACADIA INSURANCE
COMPANY, ADMIRAL INDEMNITY COMPANY,
ADMIRAL INSURANCE COMPANY, BERKLEY
INSURANCE COMPANY, BERKLEY REGIONAL
INSURANCE COMPANY, CAROLINA CASUALTY
INSURANCE COMPANY, CONTINENTAL
WESTERN INSURANCE COMPANY, MIDWEST
EMPLOYERS CASUALTY INSURANCE COMPANY,
NAUTILUS INSURANCE COMPANY, PREFERRED
EMPLOYERS INSURANCE COMPANY, THE
FAIRHOLME FUND, ANDREW T. BARRETT,
Plaintiffs-Petitioners

v.

UNITED STATES,
Defendant-Respondent
______________________

2020-121
______________________

On Petition for Permission to Appeal pursuant to 28
U.S.C. Section 1292(d) from the United States Court of
Federal Claims in No. 1:13-cv-00465-MMS, Chief Judge
Margaret M. Sweeney.
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Case: 20-121 Document: 18 Page: 1 Filed: 06/18/2020

FAIRHOLME FUNDS, INC. v. US
2
FAIRHOLME FUNDS, INC., ACADIA INSURANCE
COMPANY, ADMIRAL INDEMNITY COMPANY,
ADMIRAL INSURANCE COMPANY, BERKLEY
INSURANCE COMPANY, BERKLEY REGIONAL
INSURANCE COMPANY, CAROLINA CASUALTY
INSURANCE COMPANY, CONTINENTAL
WESTERN INSURANCE COMPANY, MIDWEST
EMPLOYERS CASUALTY INSURANCE COMPANY,
NAUTILUS INSURANCE COMPANY, PREFERRED
EMPLOYERS INSURANCE COMPANY, THE
FAIRHOLME FUND, ANDREW T. BARRETT,
Plaintiffs-Respondents

v.

UNITED STATES,
Defendant-Petitioner
______________________

2020-122
______________________

On Petition for Permission to Appeal pursuant to 28
U.S.C. Section 1292(d) from the United States Court of
Federal Claims in No. 1:13-cv-00465-MMS, Chief Judge
Margaret M. Sweeney.
______________________

ON PETITION
______________________

Before O’M
ALLEY, WALLACH, and STOLL, Circuit Judges.

S
TOLL, Circuit Judge.
O R D E R
Fairholme Funds, Inc. et al. (collectively, “Fairholme”)
and the United States separately petition pursuant to 28
Case: 20-121 Document: 18 Page: 2 Filed: 06/18/2020

FAIRHOLME FUNDS, INC. v. US
3
U.S.C. § 1292(d)(2) to appeal the interlocutory order certi-
fied by the United States Court of Federal Claims. Both
petitions are unopposed. Owl Creek Asia I, L.P. et al.; Ap-
paloosa Investment Limited Partnership I et al.; Akanthos
Opportunity Fund, L.P.; CSS, LLC; and Mason Capital
L.P. et al. (collectively, “Owl Creek”) move for leave to file
a brief amici curiae in support of neither party.
This court determines for itself whether it will grant
permission to appeal an interlocutory order certified by a
trial court. See In re Convertible Rowing Exerciser Patent
Litig., 903 F.2d 822, 822 (Fed. Cir. 1990). We agree with
the Claims Court and the parties that at least one of the
issues raised by the certified order appears to satisfy the
criteria set forth in § 1292(d) and warrants immediate re-
view. We deem it proper to grant both petitions, leaving it
ultimately up to the merits panel to decide what issues are
appropriate to address on interlocutory appeal.
Accordingly,
I
T IS ORDERED THAT:
(1) The petitions are granted. This case is transferred
to the regular docket. The appeals will be consolidated.
Fairholme’s appeal will be designated as the lead appeal,
and the government’s appeal will be designated as a cross-
appeal. Fairholme’s opening brief is due within 60 days of
the date of filing of this order.
(2) Owl Creek’s motion is granted to the extent that
the amicus brief is accepted for filing. Any request for fur-
ther relief from the court should be made after docketing.

June 18, 2020
Date
FOR THE COURT

/s/ Peter R. Marksteiner
Peter R. Marksteiner
Clerk of Court
s28
Case: 20-121 Document: 18 Page: 3 Filed: 06/18/2020