Legal Opinion

Resolution Trust Corporation v. Louis A. Miramon, Jr.

Court of Appeals for the Fifth Circuit

Decided June 21, 1994No. 93-3183PublishedCited by 31 opinions

1Opinion of the Court

JOHNSON, Circuit Judge:

The Resolution Trust Corporation (RTC) sued several officers and directors (collectively, “the defendants”) of a failed savings and loan institution alleging 1) negligence, 2) breach of fiduciary duty and 3) gross negligence. Under Fed.R.Civ.P. 12(b)(6), the district court dismissed the negligence and breach of fiduciary duty claims holding that they failed to state a claim on which relief could be granted. The district court then certified this case pursuant to Fed.R.Civ.P. 54(b) and the RTC appeals. We AFFIRM.

FACTS AND PROCEDURAL HISTORY

For purposes of this appeal,…

2Cases cited37 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Cannon v. University of ChicagoSupreme Court of the United States · 1979
  3. Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
  4. Clearfield Trust Co. v. United StatesSupreme Court of the United States · 1943
  5. Kaiser Aluminum & Chemical Corp. v. BonjornoSupreme Court of the United States · 1990

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

3Cited by31 opinions

  1. Lollar v. BakerCourt of Appeals for the Fifth Circuit · 1999
  2. Federal Deposit Insurance v. StahlCourt of Appeals for the Eleventh Circuit · 1996
  3. Aviall Services, Inc. v. Cooper Industries, Inc.Court of Appeals for the Fifth Circuit · 2002
  4. Aviall Services, Inc. v. Cooper Industries, Inc.Court of Appeals for the Fifth Circuit · 2001
  5. Resolution Trust Corp. v. FialaDistrict Court, E.D. Missouri · 1994

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

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