Aguilar v. Federal Deposit Insurance

These two appeals involve the interpretation and application of the section of the Financial Institutions Reform, Recovery, and Enforcement Act (“FIRREA”) on agency review and judicial determination of claims against the Federal Deposit Insurance Corporation (“FDIC”). 12 U.S.C. § 1821(d)(6). These separate appeals began as a single state court action brought by fourteen plaintiffs against Southeast Bank. Before removal to federal court, the state court granted Southeast’s motion for summary judgment against eleven of the plaintiffs (the Aguilar case), leaving three plaintiffs to continue the…