Legal Opinion

Federal Deposit Insurance v. North Savannah Properties, LLC

Court of Appeals for the Eleventh Circuit

Decided July 12, 2012No. 2011-12784PublishedCited by 12 opinions

1Opinion of the Court

JORDAN, Circuit Judge:

The Federal Deposit Insurance Corporation, as receiver for Darby Bank & Trust Co., appeals an order of the district court remanding the action to state court. The district court determined that it did not have subject-matter jurisdiction because the FDIC had not been formally substituted as a party in the state court action prior to removal. After review, and with the benefit of oral argument, we vacate the district court’s remand order. We hold that, as a matter of federal law, the FDIC is “substituted as a party” in a state court proceeding under 12 U.S.C. §…

2Cases cited14 opinions

  1. Russello v. United StatesSupreme Court of the United States · 1983
  2. Clearfield Trust Co. v. United StatesSupreme Court of the United States · 1943
  3. Chicago, Rock Island & Pacific Railroad v. StudeSupreme Court of the United States · 1954
  4. Centex Corp. v. United StatesCourt of Appeals for the Federal Circuit · 2005
  5. Cook v. Randolph County, Ga.Court of Appeals for the Eleventh Circuit · 2009

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

3Cited by12 opinions

  1. Lindley v. Federal Deposit InsuranceCourt of Appeals for the Eleventh Circuit · 2013
  2. Quintero Community Ass'n v. Federal Deposit InsuranceCourt of Appeals for the Eighth Circuit · 2015
  3. SA Palm Beach, LLC v. Certain Underwriters at Lloyd's LondonCourt of Appeals for the Eleventh Circuit · 2022
  4. Robert R. Turner v. Sharon W. JordanCourt of Appeals for the Eleventh Circuit · 2024
  5. Vistas de Canovanas I, Inc. v. Federal Deposit Insurance Corp.District Court, D. Puerto Rico · 2017

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

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