Legal Opinion

Bank of New York v. Federal Deposit Insurance

District Court, District of Columbia

Decided September 27, 2006No. Civil Action 03-1221(ESH)PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM OPINION

HUVELLE, District Judge.

The Bank of New York (“BNY”), indenture trustee for the interests of investors who purchased asset-backed securities from a trust established by the now-defunct NextBank, N.A. (“NextBank”), is suing the Federal Deposit Insurance Corporation (“FDIC”) for conversion based on actions the agency took as NextBank’s receiver. Five of BNY’s original six counts have been dismissed. Count VI, the sole remaining claim, concerns a contract provision promising the investors (“Notehold-ers”) recovery of their investments at an accelerated rate upon the appointment…

2Cases cited20 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  3. Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
  4. Christensen v. Harris CountySupreme Court of the United States · 2000
  5. Mississippi Band of Choctaw Indians v. HolyfieldSupreme Court of the United States · 1989

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3Cited by8 opinions

  1. Bank of New York v. First Millennium, Inc.Court of Appeals for the Second Circuit · 2010
  2. Federal Deposit Insurance v. Bank of New YorkDistrict Court, District of Columbia · 2007
  3. Bank of New York Ex Rel. NextCard Credit Card Master Note Trust v. First Millennium, Inc.District Court, S.D. New York · 2009
  4. MBIA Insurance Corp. v. Federal Deposit InsuranceDistrict Court, District of Columbia · 2011
  5. Bank of New York v. First Millennium, Inc.District Court, S.D. New York · 2008

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