Acosta-Ramirez v. Banco Popular de Puerto Rico
Court of Appeals for the First Circuit
1Opinion of the Court
LYNCH, Chief Judge.
Former employees of Westernbank, a failed bank taken into receivership by the Federal Deposit Insurance Corporation (“FDIC”), sued Banco Popular de Puerto Rico (“BPPR”), a bank that subsequently acquired Westernbank’s deposits and certain assets, but not the FDIC, on claims for severance pay under Law 80, P.R. Laws Ann. tit. 29, § 185a et seq. The FDIC has intervened and asserted that under 12 U.S.C. § 1821(d)(13)(D) “no court shall have jurisdiction over” the claims because the plaintiffs either failed to file administrative claims with the FDIC or failed to challenge in…
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