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FDIC's Bid to Intervene in Bank Investors' Suit Denied

The FDIC as receiver of the failed Haven Trust Bank may not intervene in a securities lawsuit brought by the aggrieved investors of the Bank's holding company, according to Northern District of Georgia Judge Charles A. Pannell, Jr.'s December 29, 2010 order in the case. Judge Pannell's...

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...

How Extensive Will the FDIC's Claims Against Failed Banks' Outside Professionals Be?

If the lawsuit filed on February 7, 2011 in the Northern District of Georgia is any indication, the FDIC's efforts to pursue liability claims will not only include suits against the directors and officers of failed banks, but will also include in at least some instances the failed institutions'...

FDIC: Number of Problem Institutions Continues to Increase

Though 2010 was a "turnaround" year for banks, the number of problem institutions continued to increase during the year, according to the FDIC's Quarterly Banking Profile for the fourth quarter of 2010. A copy of the FDIC's February 23, 2011 press release about the report can be...

Former IndyMac Officers Cannot Rely on Business Judgment Rule as Defense in FDIC Failed Bank Lawsuit

On October 5, 2012, in the latest in a series of decisions addressing the question whether or not corporate officers (as differentiated from corporate directors) are entitled under California law to rely on the protections of the business judgment rule, Central District of California Judge Dale Fischer...