Legal Opinion

MBIA Insurance v. Federal Deposit Insurance

Court of Appeals for the D.C. Circuit

Decided March 8, 2013No. 11-5317PublishedCited by 25 opinions

1Opinion of the Court

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

The issue in this appeal is whether payments made by the MBIA Insurance Corporation (“MBIA”) to investors in mortgage securitizations of a failed bank (IndyMac Bank, F.S.B.) constitute “administrative expenses” entitled to priority under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (“FIRREA”), Pub.L. No. 101-73, 103 Stat. 183 (Aug. 9, 1989), 12 U.S.C. § 1821(d)(ll)(A). MBIA sued as the third party beneficiary of the Pooling and Servicing Agreements (“PSAs”) of the failed bank. It alleged that the…

2Cases cited29 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  3. United States v. Mead Corp.Supreme Court of the United States · 2001
  4. Russello v. United StatesSupreme Court of the United States · 1983
  5. Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000

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3Cited by25 opinions

  1. Perry Capital LLC v. MnuchinCourt of Appeals for the D.C. Circuit · 2017
  2. Perry Capital LLC v. LewDistrict Court, District of Columbia · 2014
  3. Alexander v. Washington Metropolitan Area Transit AuthorityCourt of Appeals for the D.C. Circuit · 2016
  4. Deutsche Bank National Trust Co. v. Federal Deposit InsuranceCourt of Appeals for the Ninth Circuit · 2014
  5. Apton v. Volkswagen Group of America, Inc.District Court, District of Columbia · 2017

20 more not listed; retrieve them via the Exa API.

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