Legal Opinion
Federal Deposit Insurance Corporation, as Receiver for Mountain Ridge State Bank, in Receivership v. Shain, Schaffer & Rafanello
Court of Appeals for the Third Circuit
Decided September 4, 1991No. 91-5059PublishedCited by 82 opinions
1Opinion of the Court
OPINION OF THE COURT
COWEN, Circuit Judge.
This appeal raises the question whether a law firm, Shain, Schaffer & Rafanello (“SS & R”), may, in lieu of pursuing the claims procedure established by the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (“FIRREA”) at 12 U.S.C. § 1821(d), assert a retaining lien against the legal files of its former client. The client, Mountain Ridge State Bank (“MRSB”), was a federally-insured bank chartered under New Jersey law. On October 5, 1990, the Federal Deposit Insurance Corporation (the “FDIC”) became receiver of MRSB, at which time MRSB…
2Cases cited6 opinions
- Rosa v. Resolution Trust Corp.Court of Appeals for the Third Circuit · 1991
- Brauer v. Hotel Associates, Inc.Supreme Court of New Jersey · 1963
- Resolution Trust Corp. v. ElmanDistrict Court, S.D. New York · 1991
- Federal Land Bank v. Federal Intermediate Credit BankDistrict Court, S.D. Mississippi · 1989
- In Re the Liquidation of First City National Bank & Trust Co.District Court, S.D. New York · 1991
1 more not listed; retrieve them via the Exa API.
3Cited by82 opinions
- Resolution Trust Corporation v. Hallmark Builders, Inc.Court of Appeals for the Eleventh Circuit · 1993
- Glover v. Federal Deposit InsuranceCourt of Appeals for the Third Circuit · 2012
- Serge Marquis v. Federal Deposit Insurance Corporation, as Liquidating Agent of Hillsborough Bank & Trust Company, Eltrex International Corporation v. Federal Deposit Insurance Corporation, as Liquidating Agent of Hillsborough Bank & Trust Company, Michael M. Mills v. Federal Deposit Insurance Corporation, as Receiver for Nashua Trust Company, James P. Goodrich v. Federal Deposit Insurance Corporation, as Receiver for Dartmouth BankCourt of Appeals for the First Circuit · 1992
- Federal Deposit Insurance Corporation, as Receiver for the First National Bank of Toms River, New Jersey v. Lawrence E. Bathgate, II Novasau Associates, a New Jersey Limited Partnership New Nas, Inc. T. Pamela Bathgate 54 Buena Vista Associates, a New Jersey Limited Partnership Tuscol Development, Inc., a New Jersey Corporation Old Monmouth Associates, a New Jersey Partnership Airport Associates, a New Jersey Partnership Gerald A. Gura the Club at West Deptford, a Limited Partnership, a New Jersey Limited Partnership State of New Jersey Columbia Savings and Loan Association Asset Recovery Management, Inc. William Bowman Associates, Inc. National Westminster Bank Nj, Successor to First Jersey National Bank/south. Lawrence E. Bathgate, II Novasau Associates New Nas, Inc. 54 Buena Vista Associates, a New Jersey Limited Partnership Tuscol Development, Inc., a New Jersey Corporation Old Monmouth Associates, a New Jersey Partnership, Third-Party v. William Barlow John C. Fellows, Jr. Ebert L. Hall Joseph P. Iaria David E. Johnson, Jr. Irene F. Kramer Jacqueline F. Pappas John F. Russo Leonard G. Lomell Office of the Comptroller of the Currency John McDougal Third-Party Federal Deposit Insurance Corporation, as Receiver for the First National Bank of Toms River v. Nla Associates Limited Partnership, a New Jersey Limited Partnership Lgp-I Limited Partnership, a New Jersey Limited Partnership Lgp-I Capital Corp., a New Jersey Corporation New Nas, Inc. Lawrence E. Bathgate, II Alan B. Landis Novasau Associates, a Limited Partnership, a New Jersey Limited Partnership. Lawrence Bathgate, II Novasau Associates, Limited Partnership New Nas, Inc. 54 Buena Vista Associates Tuscol Development, Inc. And Old Monmouth Associates (The Bathgate Defendants)Court of Appeals for the First Circuit · 1994
- The Resolution Trust Corp. v. Leonard S. Elman Berger, Steingut, Tarnoff & SternCourt of Appeals for the Second Circuit · 1991
77 more not listed; retrieve them via the Exa API.