Litigation Presets
Statutory Parameters
FIRREA Preemption Threshold:
Under 12 U.S.C. § 1821(d)(11), FDIC-Receiver owns corporate causes of action. However, the 2nd Circuit held that shareholder direct reliance injuries on false deposit disclosures are distinct personal claims not subject to receivership stays.
Jurisdictional Route: Direct § 10(b) Investor Claims
REVIVED & REMANDED
Click any claim node to inspect standing tests & statutory pathways
Procedural Ruling Summary
Forum Standing
Revived
Jurisdiction
U.S. District Court (S.D.N.Y.)
Statutory Bar
FIRREA § 1821(d) Inapplicable
Exhaustion Req.
None (Direct Private Action)
Estate Impact
Non-Depletive of Receivership
Holding & Causal Analysis
APPELLATE HOLDING
Shareholders alleging direct personal reliance on deceptive deposit stability metrics suffered non-derivative harm.
FDIC OBJECTION POSTURE
FDIC-R argued broad statutory preemption to maximize receivership recovery pool, rejected by panel.