Legal Opinion

Federal Deposit Insurance v. Loudermilk

District Court, N.D. Georgia

Decided November 25, 2013No. Civil Action No. 1:12-CV-4156-TWTPublishedCited by 2 opinions

1Opinion of the Court

OPINION AND ORDER

THOMAS W. THRASH, JR., District Judge.

The Federal Deposit Insurance Corporation, acting as receiver for the Buck-head Community Bank, claims that former officers and directors of the bank were negligent and grossly negligent in their management of the bank’s loan portfolio, leading to the bank’s failure. The Defendants seek to dismiss the claims. They argue that, in Georgia, the business judgment rule precludes ordinary negligence claims against officers and directors of a bank as a matter of law. The Court is not convinced that the business judgment rule in Georgia should be…

2Cases cited17 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Erickson v. PardusSupreme Court of the United States · 2007
  4. Lau's Corp., Inc. v. HaskinsSupreme Court of Georgia · 1991
  5. Bryant v. Avado Brands, Inc.Court of Appeals for the Eleventh Circuit · 1999

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3Cited by2 opinions

  1. Federal Deposit Insurance v. SkowCourt of Appeals for the Eleventh Circuit · 2013
  2. Maroney v. Woodstream CorporationDistrict Court, S.D. New York · 2023

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