Bufman Organization v. Federal Deposit Insurance

Zev Bufman and others appeal following a grant of summary judgment for the Federal Deposit Insurance Corporation (“FDIC”) as Receiver on Bufman’s claims for relief, and a grant of summary judgment for the FDIC in its corporate capacity on the FDIC’s counterclaim on a note. This appeal involves the question of whether Bufman’s claims and defenses are barred by the D’Oench doctrine or its statutory counterpart. We hold that Bufman’s claim for the failed bank’s failure to give notice of dishonor is not barred. We also hold that summary judgment on Bufman’s civil theft claim was error, and remand…