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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 against them for ordinary negligence. A copy of Judge Presnell's order can be found here.
As discussed here, in March 2012, the FDIC filed an action in the Middle District of Florida in the agency's capacity as receiver of the failed Florida Community Bank of Immokalee, Florida, against the failed bank's former CEO and six of the failed bank's former directors. A copy of the FDIC's complaint can be found here.
The bank failed on January 29, 2010. In its complaint, the FDIC alleges that the bank's collapse was caused by "grossly negligent loan underwriting and loan administration, resulting in excessive and dangerous concentrations" of commercial real estate loans and of acquisition and development loans. The FDIC seeks to recover on losses of in excess of $62 million dollars in connection with six specific loans. The FDIC asserts state law claims of negligence against the former directors and against the former CEO, as well as claims of gross negligence under FIRREA against all of the individual defendants.
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Read other items of interest from the world of directors & officers liability, with occasional commentary, at the D&O Diary, a blog by Kevin LaCroix.
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