Ledo Financial Corporation v. Harry L. Summers Daniel W. Dierdorff Sun Savings and Loan Association David Eichten, and Does 1 Through 50, Inclusive

This ease is an easy one if prior law is still good law. We have explicitly held that the D’Oench, Duhme doctrine bars suit based on oral statements not found in the bank files after the federal receiver has taken over the bank. Brookside Associates v. Rifkin, 49 F.3d 490, 495 (9th Cir.1995).

The court acknowledges that “it would be inclined to apply the D’Oench doctrine” but does not do so because two recent Supreme Court decisions have called this special federal common law doctrine into question. The question is heightened by the Supreme Court’s treatment of Motorcity of Jacksonville v.…