Federal Deposit Insurance Corporation v. Steven M. Skow

In this interlocutory appeal, the Federal Deposit Insurance Corporation (“FDIC”), as receiver for Integrity Bank (“Bank”), challenged the district court’s dismissal of its claims against the Bank’s directors and corporate officers for ordinary negligence and for breach of fiduciary duty based on ordinary negligence. 1 The parties disputed whether, under Georgia law, bank directors and officers could be subject to claims for ordinary negligence.

Having concluded that the answer to that question was “debatable under Georgia law,” we certified these two questions to the Supreme Court of Georgia:…