Federal Deposit Insurance v. Jeff Miller Stables

Even accepting that Jeff bears the burden of proof regarding the fraud-on-the-partnership exception to personal liability, Jeff proffered sufficient evidence such that a genuine issue of material fact existed on the issue of fraud on the partnership. Cf. Maj Op. at 298-99. I would reverse the district court’s grant of summary judgment in favor of the FDIC and remand for a trial with respect to the personal liability of Jeff individually as a partner for the partnership’s liability. Therefore, I respectfully dissent.

I

As a preliminary matter, I note that the failure of the district court to…