Legal Opinion

Federal Deposit Insurance v. Baldini

District Court, S.D. West Virginia

Decided November 14, 2013No. Civil Action No. 1:12-7050PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

DAVID A. FABER, Senior District Judge.

By Judgment Order dated September 30, 2013, the court DENIED defendants’ motions to dismiss. (Doc. Nos. 21, 24, and 26). The reasons for that decision follow.

I. Background

Ameribank, Inc. (“Ameribank” or “the Bank”) was a federally chartered savings bank with headquarters in West Virginia. Complaint ¶ 8. On September 19, 2008, the Office of Thrift Supervision closed Ameribank and appointed the FDIC as Receiver. Id. at ¶ 9. Pursuant to 12 U.S.C. § 1821(d)(2)(A)(I), the FDIC, as receiver, succeeded to all the rights, titles, and…

2Cases cited50 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Conley v. GibsonSupreme Court of the United States · 1957
  4. Republican Party of North Carolina v. MartinCourt of Appeals for the Fourth Circuit · 1992
  5. Nemet Chevrolet, Ltd. v. Consumeraffairs. Com, Inc.Court of Appeals for the Fourth Circuit · 2009

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3Cited by5 opinions

  1. Rob Star v. TI Oldfield Development, LLCCourt of Appeals for the Fourth Circuit · 2020
  2. Avani Resources PTE, LTD. v. Adam Wilson and Robin FryerDistrict Court, S.D. West Virginia · 2025
  3. Data Key Partners v. Permira Advisors LLCWisconsin Supreme Court · 2014
  4. Data Key Partners v. Permira Advisors LLCWisconsin Supreme Court · 2014
  5. SCOTT v. THE CITY OF DURHAMDistrict Court, M.D. North Carolina · 2021

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