Wamu Reaches Settlement With Jpmorgan, FDIC

WILMINGTON, Del. – (AP) Washington Mutual Inc. has tentatively resolved disputes with JPMorgan Chase & Co. and the Federal Deposit Insurance Corp. over some $4 billion at issue in the bank holding company's Chapter 11 bankruptcy, a WaMu attorney said Friday. The FDIC seized Washington...

FDIC Sues 4 Former IndyMac Executives

WASHINGTON, D.C. - (AP) Bank regulators have accused four former executives of failed IndyMac Bank of negligence in making loans to homebuilders and are seeking a total $300 million in damages. The Federal Deposit Insurance Corp., which took over California-based IndyMac when it collapsed two years ago...

A Failed Bank, A Lawsuit, And Some Interesting Questions

Though 268 banks have failed since January 1, 2008, there has been relatively little litigation related to the failed banks, as least so far. For example, the FDIC only recently filed its first action against former directors and officers of a failed bank (as discussed here ). There have also been relatively...

Lawsuit Wave Could Hurt Housing Market: FDIC Chief

ARLINGTON, Va. - (AP) A wave of lawsuits from troubled borrowers who lost their homes to foreclosure could hurt the already-ailing housing market, a top banking regulator said Monday. Sheila Bair, chairman of the Federal Deposit Insurance Corp., said litigation by the affected homeowners "could...

Failed Bank Investors' Securities Suit Dismissed

On January 14, 2011, in a ruling that could have implications for other failed bank investors' securities class action lawsuits, Northern District of Georgia Judge Charles A. Pannell, Jr . granted defendants' motions to dismiss the securities suit that had been brought by investors in the failed...

FDIC Sues 3 Former Top Executives Of Failed WaMu

WASHINGTON, D.C. - (AP) Federal bank regulators have sued three former top executives of Washington Mutual, the biggest U.S. bank ever to fail, accusing them of negligence in allowing risky mortgage lending. The Federal Deposit Insurance Corp. filed the civil lawsuit Wednesday against former WaMu CEO...

FDIC Pursues Litigation Against Failed Banks - Slowly

The FDIC's pursuit of litigation against directors and officers of banks that have failed as part of the current round of bank failures has been moving forward, albeit at a deliberate pace. The agency's litigation efforts advanced a couple of steps in recent days, as the agency filed an additional...

A Dismissal And A Settlement In Failed Bank Shareholder Lawsuits

One of the ways in which the current wave of bank failures is different from the failures during the S&L crisis is that this time around, by comparison to that prior period, a number of the bank closures have been accompanied by shareholder lawsuits brought against the former directors and officers...

FDIC: 'Close' To Settlement In Lawsuit Against WaMu Execs

WASHINGTON, D.C. - (AP) Federal bank regulators say they are close to settling their civil lawsuit against three former top executives of Washington Mutual accused of negligence in allowing risky mortgage lending at the biggest U.S. bank ever to fail. The Federal Deposit Insurance Corp. says it has exchanged...

$208.5 Million Washington Mutual Securities Lawsuit Settlement Consists Of 3 Separate Agreements

The parties to the consolidated class action litigation arising out of the collapse of Washington Mutual - the largest bank failure in U.S. history -- have agreed to settle the suit for a combined $208.5 million. The settlement, which has a number of interesting features, actually consists of three separate...

Federal Judge Dismisses Securities Class Action Against U.S.-Listed Chinese Company

In what is as far as I know the first outright dismissal motion grant in the wave of cases filed against U.S.-Listed Chinese companies that began last year, on October 6, 2011, Southern District of New York Judge Miriam Goldman Cedarbaum granted the defendants' motion to dismiss in the securities...

Duane Morris Alerts: Electronic Funds Transfer Act: Class Action Surge Highlighted By Recent Cases

The Electronic Funds Transfer Act, 15 U.S.C. § 1693 et seq. (EFTA), and its regulations promulgated by the Federal Deposit Insurance Corporation (FDIC), Reg E, 12 C.F.R. sect; 205.16, require, in relevant part, that banks charging a fee to non-bank cardholders for automatic teller machine (ATM)...

FDIC Files Latest Lawsuit In Its Role As Receiver Of Failed Bank

In the FDIC's latest lawsuit filed in its role as receiver of a failed bank, the FDIC not only named as defendants nineteen former directors and officers of the failed bank, but also included as defendants seventeen of their spouses and the failed bank's D&O insurer. A copy of the FDIC's...

FDIC's Failed Bank Litigation Could Reach 86 Lawsuits, NERA Economic Consulting Projects

In a May 31, 2012 study of the FDIC failed bank litigation that contains a number of interesting observations and projections, NERA Economic Consulting projects at the current filing rate, the FDIC's failed bank litigation ultimately could total 86 lawsuits, or much as 20% of all banks that have...

Florida Federal Judge Says Bank Directors Not Liable For Ordinary Negligence In Failed Bank Lawsuit

A federal court has ruled in the only FDIC failed bank lawsuit pending in Florida that directors cannot be liable for ordinary negligence under Florida law. On August 8, 2012, Middle District of Florida Judge Gregory Presnell granted the motion of the director defendants to dismiss the FDIC's claim...

American Express Bank Pays $112 Million To Settle Deceptive Practices Claims

WASHINGTON, D.C. - (Mealey's) The Federal Deposit Insurance Corp. and the Consumer Financial Protection Bureau (CFPB) announced Oct. 1 that they have reached a settlement with American Express Centurion Bank, Salt Lake City, Utah, for deceptive debt collection and credit card marketing practices...

FDIC Files First Lawsuit As Part of Current Wave Against Failed Bank Accountants

On November 1, 2012, in what is the first lawsuit the FDIC has filed as part of the current bank failure wave against a failed bank's accountants, the FDIC, as receiver for the failed Colonial Bank, has filed an action in the Middle District of Alabama against Pricewaterhouse Coopers and Crowe Horwath...

Jury Enters $168.8 Million Verdict Against Former IndyMac Executives

LOS ANGELES - (Mealey's) A jury in a California federal court on Dec. 7 entered a $168.8 million verdict against three former officers of the failed IndyMac Bank F.S.B., finding that the individuals had been negligent and breached their fiduciary duties with respect to 23 loans at issue in the suit...

Former IndyMac CEO Agrees To $12 Million Settlement With FDIC

LOS ANGELES - (Mealey's) Former IndyMac FSB CEO Michael Perry on Dec. 14 agreed to a $12 million settlement to resolve the Federal Deposit Insurance Corp.'s $600 million suit over his alleged role in the bank's failure, according to a stipulation of dismissal with prejudice filed in a California...