Legal Opinion
Herbst v. Resolution Trust Corp.
Ohio Supreme Court
Decided February 24, 1993No. 91-2254PublishedCited by 18 opinions
1Opinion of the CourtDouglas, J.
RTC asserts that appellees’ state-court action against it as receiver of First Savings should be dismissed for lack of subject-matter jurisdiction because: (1) federal courts have exclusive jurisdiction over claims involving a failed financial institution under receivership; and (2) appellees did not pursue and exhaust administrative procedures described in former Sections 1821(d)(3) through (d)(10), Title 12, U.S.Code.
I
This appeal concerns the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (“FIRREA” or “the Act”), Pub.L. 101-73, 103 Stat. 183.1 The Act is a response by…
2Cases cited8 opinions
- Gulf Offshore Co. v. Mobil Oil Corp.Supreme Court of the United States · 1981
- Coit Independence Joint Venture v. Federal Savings & Loan InsuranceSupreme Court of the United States · 1989
- Serge Marquis v. Federal Deposit Insurance Corporation, as Liquidating Agent of Hillsborough Bank & Trust Company, Eltrex International Corporation v. Federal Deposit Insurance Corporation, as Liquidating Agent of Hillsborough Bank & Trust Company, Michael M. Mills v. Federal Deposit Insurance Corporation, as Receiver for Nashua Trust Company, James P. Goodrich v. Federal Deposit Insurance Corporation, as Receiver for Dartmouth BankCourt of Appeals for the First Circuit · 1992
- Elek v. Huntington National BankOhio Supreme Court · 1991
- Resolution Trust Corp. v. Mustang PartnersCourt of Appeals for the Tenth Circuit · 1991
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Simard v. Resolution Trust Corp.District of Columbia Court of Appeals · 1994
- Thomas v. Federal Deposit Insurance Corp.Supreme Court of Colorado · 2011
- Robbins v. Foothill NissanCalifornia Court of Appeal · 1994
- Resolution Trust Corp. v. FoustCourt of Appeals of Arizona · 1993
- City of Girard v. Youngstown Belt Railway Co.Ohio Supreme Court · 2012
13 more not listed; retrieve them via the Exa API.