lightfoot et al cendant mortgage dba phh mortgage et argued november decided january federal national mortgage association fannie mae federally chartered corporation participates secondary mortgage market statute fannie mae power sue sued complain defend competent jurisdiction state federal petitioners beverly ann daughter crystal lightfoot filed suit state alleging deficiencies refinancing foreclosure sale home fannie mae removed case federal relying clause basis jurisdiction district denied motion remand case state later entered judgment petitioners ninth circuit affirmed concluding district jurisdiction fannie mae clause relied american nat red cross read establishing rule clause federal charter expressly authorizes suit federal confers jurisdiction federal courts held fannie mae clause grant federal courts jurisdiction cases involving fannie mae pp addressed jurisdictional reach clauses five federal charters three clauses held grant jurisdiction osborn bank wheat duhme fdic american nat red cross two found wanting bank deveaux cranch bankers trust texas pacific describing earlier decisions best efforts divining congressional intent retrospectively red cross concluded decisions support rule congressional charter sued provision may read confer federal jurisdiction specifically mentions federal courts specifically mentioning federal courts fannie mae clause resembles three clauses held confer jurisdiction unlike clauses fannie mae clause adds qualification competent jurisdiction thus outcome turns meaning competent jurisdiction competent jurisdiction power adjudicate case black law dictionary jurisdiction defines power hear cases see steel citizens better environment follows competent jurisdiction grant jurisdiction covering case understood phrase reference existing source jurisdiction see ex parte phenix ins understanding fannie mae clause naturally read grant federal courts jurisdiction cases involving fannie mae permit suit state federal already endowed jurisdiction red cross require different result set rule express reference federal courts suffices make clause grant federal jurisdiction rather restated basic rule deveaux osborn clause conferring general right sue grant jurisdiction federal courts pp fannie mae arguments reading clause merely capacity conferring unpersuasive alternative readings competent jurisdiction premised already rejected reading red cross prior construction canon statutory interpretation apply none cases fannie mae relies suggest congress surveyed jurisprudential landscape necessarily concluded courts already settled question whether clause containing phrase competent jurisdiction confers jurisdiction federal courts finally fannie mae appeals congressional purpose call question plain text reading clause pp reversed sotomayor delivered opinion unanimous opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press crystal monique lightfoot et cendant mortgage ration dba phh mortgage et al writ certiorari appeals ninth circuit january justice sotomayor delivered opinion corporate charter federal national mortgage association known fannie mae authorizes fannie mae sue sued complain defend competent jurisdiction state federal case presents question whether clause grants federal district courts jurisdiction cases involving fannie mae hold great depression federal government worked stabilize strengthen residential mortgage market among things took steps increase liquidity reasonably available funding mortgage market efforts included creation federal home loan banks provide credit member institutions finance affordable housing economic development projects federal housing administration fha insures residential mortgages see dept housing urban development background history federal national mortgage association also part efforts title iii national housing act act authorized administrator newly created fha establish national mortgage associations purchase sell certain first mortgages first liens borrow money purposes stat associations endowed certain powers including power sue sued complain defend law equity state federal fha administrator exercised authority chartered federal national mortgage association avoiding mouthful acronym fnma went fannie mae see washington post july times mar originally chartered fannie mae wholly owned federal government three objectives establish market first mortgages covering new housing construction facilitate construction financing economically sound rental housing projects make bonds issued available investors fed nat mortgage assn information regarding activities assn circular fannie mae rechartered housing act act stat longer wholly government owned fannie mae mixed ownership private shareholders held common stock department treasury held preferred stock act required secretary treasury allow fannie mae repurchase stock see expected fannie mae repurchase preferred stock legislation enacted turn fannie mae private stockholders fannie mae duties carried privately owned privately financed corporation along structural changes act replaced fannie mae initial set powers detailed list revised clause give fannie mae power sue sued complain defend competent jurisdiction state federal fannie mae became fully privately owned relinquished part portfolio new spinoff government national mortgage association known ginnie mae see housing urban development act act stat fannie mae continue operate secondary market operations became private corporation ginnie mae remain ed government took special assistance functions management liquidating functions ibid ginnie mae received set powers fannie mae see see also act stat minor revisions general structure remains place fannie mae continues participate secondary mortgage market purchases mortgages meet eligibility criteria packages securities sells securities investors invests securities one mortgage purchases led fannie mae entanglement case beverly ann refinanced mortgage cendant mortgage corporation cendant summer fannie mae bought mortgage cendant continued service unable make payments pursued forbearance arrangement cendant agreement materialized home entered foreclosure around time cendant repurchased mortgage fannie mae meet fannie mae credit standards stave foreclosure daughter crystal lightfoot pursued bankruptcy transferred property efforts failed home sold trustee sale two took courts try undo foreclosure sale two unsuccessful federal suits pair filed suit state alleged deficiencies refinancing foreclosure sale home entitled relief fannie mae claims defendants relevant fannie mae removed case federal permits defendant remove state federal civil action federal district courts original jurisdiction relied clause basis jurisdiction district denied motion remand case state district dismissed claims fannie mae claim preclusion grounds series motions rulings appeals related issue district entered final judgment lightfoot immediately moved set aside judgment federal rule civil procedure alleging fraud upon app district denied motion ninth circuit affirmed dismissal case denial rule motion fed appx lightfoot sought rehearing ninth circuit withdrew opinion ordered briefing question whether district jurisdiction case fannie mae clause divided panel affirmed district judgment majority relied american nat red cross read decision established rule resolves case clause federal charter expressly authorizes suit federal courts confers jurisdiction federal courts dissent instead read red cross setting provides starting point analysis opinion stein read competent jurisdiction fannie mae clause overcome default rule requiring independent source jurisdiction cases involving fannie mae ibid two circuits likewise concluded language fannie mae clause grants jurisdiction federal courts see federal home loan bank boston moody federal home loan bank boston identical clause pirelli armstrong tire retiree medical benefits trust ex rel fed nat mortgage assn raines cadc fannie mae clause four circuits disagreed finding similar language grant jurisdiction see western securities derwinski ed secretary veterans affairs authority sue sued competent jurisdiction state federal sanders bhap housing development fund ed secretary housing urban development authority official capacity sue sued competent jurisdiction state federal industrial indemnity landrieu per curiam similar lindy lynn similar granted certiorari reverse ii fannie mae clause authorizes sue sued complain defend competent jurisdiction state federal federal corporate charters language serves uncontroversial function clarifying fannie mae capacity bring suit sued see bank deveaux cranch question whether fannie mae clause goes grants federal courts jurisdiction cases involving fannie mae answering question face clean slate red cross addressed jurisdictional reach clauses five federal charters three clauses held grant jurisdiction two found wanting first discussion clauses came pair opinions chief justice marshall charter first bank allowed sue sued plead impleaded answer answered defend defended courts record place whatsoever deveaux cranch another provision allowed suits federal certain bank officials suggesting right sue imply right sue courts union unless expressed light language held first bank right sue federal courts ibid concluded second bank similarly disabled charter allowed sue sued plead impleaded answer answered defend defended state courts competent jurisdiction circuit osborn bank wheat took deveaux general capacity bank sue without mentioning courts union may give right sue courts contrast second bank charter grant jurisdiction federal circuit courts used words expressly conferring right sue courts ibid mortgage dispute railroad creditor led next consideration issue texas pacific railway company federal charter authorized sue sued plead impleaded defend defended courts law equity within bankers trust texas pacific held clause generality natural import clause deveaux thus intended render corporation capable suing sued corporate name whose jurisdiction otherwise competently defined adequate occasion another lending dispute involving defaulted bonds led next statement issue federal deposit insurance corporation fdic clause authorized sue sued complain defend law equity state federal duhme fdic held federal jurisdiction case based fdic clause see red cross expressing doubt held federal jurisdiction rest clause recent discussion clause came red cross involved tort suit related contaminated blood transfusion described previous quartet decisions reflecting best efforts divining congressional intent retrospectively efforts put congress prospective notice language necessary sufficient confer jurisdiction decisions support rule congressional charter sued provision may read confer federal jurisdiction specifically mentions federal courts rule explained result clear red cross clause permits sue sued courts law equity state federal within jurisdiction confers jurisdiction red cross expressly authorizing suits federal courts using language relevant respects identical clause based holding federal jurisdiction five years enactment provision extends beyond mere grant general corporate capacity sue suffices confer federal jurisdiction ibid armed earlier cases synthesized red cross turn clause issue fannie mae clause resembles clauses held confer jurisdiction one important respect authorizing fannie mae sue sued complain defend competent jurisdiction state federal specifically mentions federal courts red cross mention federal courts means fannie mae charter clears hurdle clauses deveaux bankers trust fannie mae clause differs material respect three clauses held sufficient grant federal jurisdiction clauses referred suits federal courts without qualification contrast fannie mae clause refers competent jurisdiction state federal emphasis added clause relevant respects identical clause already held grant federal jurisdiction red cross case resolved simple comparison outcome instead turns meaning competent jurisdiction fannie mae clause competent jurisdiction power adjudicate case see black law dictionary ed power authority particular act one recognized law possessing right adjudicate controversy jurisdiction defines power hear cases see steel citizens better environment jurisdiction courts statutory constitutional power adjudicate case emphasis deleted wachovia bank schmidt jurisdiction concerns competence adjudicate particular category cases follows competent jurisdiction grant jurisdiction covering case cf pennoyer neff must tribunal competent constitution law creation pass upon suit result understood phrase competent jurisdiction reference existing source jurisdiction ex parte phenix ins provides example explained statute providing transfer trustee interest owner vessel freight provides trustee may appointed competent jurisdiction leaving question competency depend provisions law see also shoshone mining rutter statute authorizing suit competent jurisdiction unquestionably meant competency determined rules theretofore prescribed respect jurisdiction federal courts califano sanders provides another held administrative procedure act codified contain implied grant jurisdiction review agency actions noting actual text nowhere contains explicit grant jurisdiction pointed two clauses requiring judicial review proceed specified statute competent stated seem look outside sources jurisdictional authority understanding fannie mae clause naturally read grant federal courts jurisdiction cases involving fannie mae authorizing fannie mae sue sued competent jurisdiction state federal permits suit state federal already endowed jurisdiction suit red cross require different result including lower courts understood set rule express reference federal courts suffices make clause grant federal jurisdiction red cross contains rule terms rule red cross restates basic rule drawn deveaux osborn clause conferring general right sue grant jurisdiction federal courts red cross mention rule refers back principle see reading clause cases support rule sued provision may read confer federal jurisdiction specifically mentions federal courts emphasis added bankers trust applied rule thus established hold railroad clause confer jurisdiction finding result clear rule established cases charter expressly authoriz es suits federal courts clause relevant respects identical one already found confer jurisdiction true enough dissent thought red cross established broad rule see opinion scalia describing red cross announcing rule grant general capacity sue mention federal courts suffice confer jurisdiction emphasis deleted certainty dissent may explain lower decisions adopting broader reading red cross red cross establishes rule rule hard square opinion thorough consideration contrary arguments based text purpose legislative history see nothing red cross suggests courts ignore ordinary sense language used confronted federal charter clause expressly references federal courts courts competent jurisdiction iii fannie mae preferring federal raises several arguments reading clause merely capacity conferring none persuasive fannie mae first offers several alternative readings competent jurisdiction suggests phrase might refer personal jurisdiction parties proper venue general rather specialized jurisdiction brief respondents bottom fannie mae efforts front premised reading red cross rejected view express reference federal courts suffices confer jurisdiction federal courts sees remaining task explaining render competent jurisdiction superfluous see tr oral arg fact clause references federal courts resolve jurisdictional question thus arguments phrase competent jurisdiction still meaning carry ordinary meaning beside point moreover even phrase carries additional meaning fannie mae argument take suggestion competent jurisdiction personal jurisdiction must power decide claim jurisdiction power parties personal jurisdiction resolve case see ruhrgas ag marathon oil recognizing much stated phrase competent jurisdiction usually used refer jurisdiction also used occasion refer jurisdiction defendant person morton omitted see also blackmar guerre nothing fannie mae clause suggests reference competent jurisdiction refers personal jurisdiction parties point might support reading phrase refer personal jurisdiction help fannie mae long clause refers outside source jurisdiction confer jurisdiction fannie mae next claims time clause enacted courts interpreted provisions containing phrase competent jurisdiction grant jurisdiction congress entitled rely interpretations argument invokes prior construction canon statutory interpretation canon teaches courts settled meaning existing provision enactment new provision mirrors existing statutory text indicates general matter new provision meaning see bragdon abbott fannie mae points cases discussing three types statutory provisions view show phrase competent jurisdiction acquired settled meaning first pair addresses fha clause see sue sued competent jurisdiction state federal two appeals decisions concluded fha clause overrode general rule today found monetary claims exceeding must brought federal claims rather federal district courts see ferguson union nat bank clarksburg george evans courts state jurisdiction founded clause opposed statutes governing original jurisdiction federal district courts see thus even assuming two appellate cases issue scalia garner reading law two cases speak question second set cases addresses provisions authorizing suit violation statute one arose fair labor standards act authorizes employees sue violations act competent jurisdiction stat description facts stated urisdiction action conferred williams jacksonville terminal brief ambiguous statement settle meaning thus settle meaning phrase competent jurisdiction cases set dealt housing rent act enacted statute permitted suit federal state territorial competent jurisdiction stat courts read confer jurisdiction instead assessed jurisdiction jurisdiction statute see schuman greenberg supp nj collecting cases time statute carried requirement ed cases dismissed remanded state lack federal jurisdiction congress later amended permit suit federal competent jurisdiction regardless amount involved defense production act amendments stat congress elimination requirement suggests anything understood competent jurisdiction read require outside source jurisdiction third set cases interpreted provisions making federal jurisdiction certain causes action exclusive brief respondents cases confirm provisions require suit brought federal courts discuss basis federal jurisdiction sum none cases fannie mae relies suggest congress surveyed jurisprudential landscape necessarily concluded courts already settled question whether clause containing phrase competent jurisdiction confers jurisdiction federal courts fannie mae ends appeal congressional purpose accurately lack congressional purpose argues original clause enacted granted jurisdiction federal courts indication congress wanted change status quo addition competent jurisdiction phrase discussed carries clear meaning means current clause confer jurisdiction indication whether meaning understood change act required fannie mae next points sibling rival federal home loan mortgage corporation known freddie mac two share parallel authority compete secondary mortgage market compare fannie mae freddie mac suits involving freddie mac may brought federal see sue sued complain defend state federal providing freddie mac federal agency civil actions freddie mac party arise federal law freddie mac may remove cases federal district trial fannie mae argues good reason think congress gave freddie mac fuller access federal courts leaving aside clear textual indications suggesting congress plausible reason exist freddie mac clause related jurisdictional provisions enacted freddie mac corporation see emergency home finance act stat fannie mae hand already transitioned privately owned corporation fannie mae argument front moreover contains deeper flaw doors federal remain open fannie mae diversity jurisdiction fannie mae provides reason think cases involving claims access federal courts gives freddie mac unintended competitive advantage fannie mae congress wanted avoid indeed usual assumption state courts task adjudicating laws cf gulf offshore mobil oil iv judgment ninth circuit reversed ordered footnotes legislative history act provides reason question fannie mae premise congress view status quo act debate provision senator logan asked senator bulkley chair subcommittee authority bill original clause senator bulkley explained merely conferred capacity sue sued confe right go federal otherwise exist cong rec