Damiano v. Federal Deposit Insurance
Court of Appeals for the Eleventh Circuit
1Opinion of the Court
BIRCH, Circuit Judge:
This appeal presents the first impression issue in our circuit of whether the plaintiff in a pre-receivership lawsuit must file an administrative claim with the federal receiver of a failed financial institution pursuant to the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (“FIRREA”), Pub.L. No. 101-73, 103 Stat. 183 (codified as amended in scattered sections of 12 U.S.C.) when the receiver did not timely require exhaustion of administrative remedies. The district court held that it lacked subject matter jurisdiction over this pre-receivership…
2Cases cited19 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Mennonite Board of Missions v. AdamsSupreme Court of the United States · 1983
- City of New York v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1953
- Roofing & Sheet Metal Services, Inc. v. La Quinta Motor Inns, Inc.Court of Appeals for the Eleventh Circuit · 1982
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3Cited by14 opinions
- Bobick v. Community & Southern BankCourt of Appeals of Georgia · 2013
- Irene J. Damiano v. Federal Deposit Insurance CorporationCourt of Appeals for the First Circuit · 1997
- Clark v. Federal Deposit InsuranceDistrict Court, S.D. Texas · 2011
- N.J. Carpenters Health Fund v. NovaStar Mortgage, Inc.Court of Appeals for the Second Circuit · 2022
- Alliance Metals, Inc. v. Hinely Industries, Inc.Court of Appeals for the Eleventh Circuit · 2000
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