Legal Opinion
Iberiabank v. Beneva 41-1, LLC
Court of Appeals for the Eleventh Circuit
Decided November 30, 2012No. 11-11195PublishedCited by 18 opinions
1Opinion of the Court
TJOFLAT, Circuit Judge:
In this case, we are called upon to determine whether a sublease transferred by the Federal Deposit Insurance Corporation (“FDIC”) to Iberiabank after it took over the assets of a failed bank is enforceable despite a clause purporting to terminate the sublease on sale or transfer of the failed bank. The District Court granted summary judgment in favor of Iberiabank, holding that the termination clause was unenforceable against Iberiabank under 12 U.S.C. § 1821(e)(13)(A) (2006), 1 which grants the receiver authority to enforce contracts entered into by the faded bank…
2Cases cited14 opinions
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Grable & Sons Metal Products, Inc. v. Darue Engineering & ManufacturingSupreme Court of the United States · 2005
- Mattie Norman, Clara Marshall, Individually and on Behalf of All Others Similarly Situated v. The Housing Authority of the City of MontgomeryCourt of Appeals for the Eleventh Circuit · 1988
- United States v. Gold Star Medical ServicesCourt of Appeals for the Eleventh Circuit · 1999
- Otis J. Holloman v. Mail-Well CorporationCourt of Appeals for the Eleventh Circuit · 2006
9 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Kaye v. Blue Bell Creameries, Inc. (In Re BFW Liquidation, LLC)Court of Appeals for the Eleventh Circuit · 2018
- Bobick v. Community & Southern BankCourt of Appeals of Georgia · 2013
- Lindley v. Federal Deposit InsuranceCourt of Appeals for the Eleventh Circuit · 2013
- Hasmukh Patel, M.D. v. Hamilton Medical Center, Inc.Court of Appeals for the Eleventh Circuit · 2020
- Berlin v. Renaissance Rental Partners, LLCCourt of Appeals for the Second Circuit · 2013
13 more not listed; retrieve them via the Exa API.