Resolution Trust Corp. v. Fleischer

The opinion of the court was delivered by

Six, J.:

The case concerns the constitutionality of retroactive legislation which affects accrued tort actions.- The Resolution Trust Corporation (RTC) has asserted state law claims of negli gence and breach of fiduciary duty against former officers and directors of Franklin Savings Association (Franklin) of Ottawa, Kansas. The case is proceeding in federal district court. The Hon. John W. Lungstrum of the United States District Court for the District of Kansas certifies the following questions:

"(1) Under Kansas law, does the holder of accrued tort…