43 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 266,691 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 279,746 times 369 Legal Analyses
Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
Fed. Deposit Ins. v. Meyer
510 U.S. 471 (1994) Cited 7,324 times 1 Legal Analyses
Holding there can be no Bivens action against a federal agency
Conley v. Gibson
355 U.S. 41 (1957) Cited 59,319 times 25 Legal Analyses
Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
Touche Ross Co. v. Redington
442 U.S. 560 (1979) Cited 1,751 times 1 Legal Analyses
Holding that the "central inquiry remains whether Congress intended to create, whether expressly or by implication, a private cause of action."
Hindes v. Federal Deposit Ins. Corp.
137 F.3d 148 (3d Cir. 1998) Cited 398 times
Holding that FDIC's letter to a bank warning it of a violation that may result in closure was not a final action in part because the letter did not close the bank—the state, relying on the letter, did
Golden Pacific Bancorp. v. F.D.I.C
375 F.3d 196 (2d Cir. 2004) Cited 215 times
Holding that the FDIC, like other creditors and depositors of the failed bank, was entitled to post-insolvency interest
Franklin Savings Corporation v. U.S.
180 F.3d 1124 (10th Cir. 1999) Cited 227 times
Holding that Franklin's negligence and breach of fiduciary duty claims against the RTC and the FDIC were barred by the discretionary function exception to the Federal Tort Claims Act
Oakwood v. State
539 F.3d 373 (6th Cir. 2008) Cited 172 times
Holding that Ambase is inapposite
Chambers v. U.S. Dept. of Interior
568 F.3d 998 (D.C. Cir. 2009) Cited 146 times
Holding that "[i]n a suit seeking agency documents—whether under the Privacy Act or FOIA—'at the summary judgment stage . . . the court may rely on a reasonably detailed affidavit'"
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 361,353 times 960 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 1821 - Insurance Funds
12 U.S.C. § 1821 Cited 2,963 times 56 Legal Analyses
Granting FDIC standing to bring civil actions for money damages against the Bank's directors as the successor
Section 1823 - Corporation monies
12 U.S.C. § 1823 Cited 1,309 times 11 Legal Analyses
Extending to agreements that “tend to diminish or defeat the interest of the [FDIC] in any asset acquired by it ... as a receiver,” and demanding a writing executed “contemporaneously with the acquisition of the asset”
Section 91 - Transfers by bank and other acts in contemplation of insolvency
12 U.S.C. § 91 Cited 163 times
Prohibiting transfers "made after the commission of an act of insolvency, or in contemplation thereof, made with a view to prevent the application of its assets in the manner prescribed by this chapter, or with a view to the preference of one creditor to another"
Section 194 - Dividends on adjusted claims; distribution of assets
12 U.S.C. § 194 Cited 113 times
Providing that the FDIC "shall make a ratable dividend . . . on all such claims as may have been proved to [its] satisfaction or adjudicated in a court of competent jurisdiction"

Washington Mutual, Inc. et al v. Federal Deposit Insurance Corporation

43 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

Holding there can be no Bivens action against a federal agency

Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

Holding that the "central inquiry remains whether Congress intended to create, whether expressly or by implication, a private cause of action."

Holding that FDIC's letter to a bank warning it of a violation that may result in closure was not a final action in part because the letter did not close the bank—the state, relying on the letter, did

Holding that the FDIC, like other creditors and depositors of the failed bank, was entitled to post-insolvency interest

Holding that Franklin's negligence and breach of fiduciary duty claims against the RTC and the FDIC were barred by the discretionary function exception to the Federal Tort Claims Act

Holding that Ambase is inapposite

Holding that "[i]n a suit seeking agency documents—whether under the Privacy Act or FOIA—'at the summary judgment stage . . . the court may rely on a reasonably detailed affidavit'"

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Granting FDIC standing to bring civil actions for money damages against the Bank's directors as the successor

Extending to agreements that “tend to diminish or defeat the interest of the [FDIC] in any asset acquired by it ... as a receiver,” and demanding a writing executed “contemporaneously with the acquisition of the asset”

Prohibiting transfers "made after the commission of an act of insolvency, or in contemplation thereof, made with a view to prevent the application of its assets in the manner prescribed by this chapter, or with a view to the preference of one creditor to another"

Providing that the FDIC "shall make a ratable dividend . . . on all such claims as may have been proved to [its] satisfaction or adjudicated in a court of competent jurisdiction"